SK 403 

.n4 

1900 
Copy 1 



INLAND 

Fish and Game Laws. 

1901 REVISION. 

BY 

CARLETON. 



YRICHTED. 




Qass 
Book- 






1901 EDITION 

OF THE 

IINLAIND 

Fish and Game Laws 



STATE OF MAINE. '^•^' 



Contains all the Pish ana Game Laws. 



Compiled and fully explained, with copions extracts from 

decisions of the courts and references to Fish and 

Game Lavrs in general, with forms for 

complaints and petitions, by 

L- T. CARLBTON, 

Counsellor at Law and Chairman of the Commissioners of 

Inland Fisheries and Game for the State of Maine. 
Author of "Carleton's Digest" and ''Carleton's Pathfinder." 



COPYRIGHTED 1900. 



THE LIBRARY OF 

CONGRESS, 
Two Copies Received 

APR. 22 1901 

COPVRJSHT ENTRY 

CLASS <L )^ «*» 
3 f^^l 

COPY B. 



,cT^ 



^^'t 
«>*'.• 



r\ 




Yours truly, 

L. T. CARLETON, 



Chairman. 



DEDICATION. 

To the Honorable Henry O. Stanley, of Dixfield. and 
the Honorable Charles E. Oak. of Caribou, Com- 
missioners of Inland Fisheries and Game, my associates 
and co-workers, I respectfully dedicate this little book. 



PREFACE. 

The publication of the bare text of the fish and game 
laws has never been entirely satisfactory. 

No matter how plain the law may be to those who 
make it a constant study, or to those who wrote it, many 
disputed points arise and the office of the Commis- 
sioners is flooded with letters of inquiry as to the mean- 
ing of this or that section of the law, not only from 
wardens, trial justices, guides and sportsmen but from 
lawyers as well. The people seem to want to know 
how the Commissioners construe or understand the fish 
and game laws. To meet this want I have in these 
pages given my understanding or interpretation of that 
portion of the fish and game laws that I have had 
inquiries about, with copious quotations from the 
decisions of the Courts of last resort, and approved text- 
writers. 

The favor with which my first or "1899 edition" was 
received leads me to hope that this edition will find 
favor with the public. 

All of the Inland Fish and Game laws, whether pub- 
lic or Private and Special, and all rules and regulations 
of the Commissioners now in force, are contained in 
this book. But 500 copies are printed and entirely at 
my own expense. 

Augusta. ]\Iaine. ^lay ist. 1901. 



THE 1901 EDITION OF THE INLAND FISH 
AND GAME LAWS OF THE SXATE OF 
MAINE. 

"And God said, 'Let the waters bring forth abun- 
dantly * * * and fowl that may fly above the earth 
in the open firmament of heaven.' And God created 
great whales, and every living creature that moveth, 
which the waters brought forth abundantly, after their 
kind, and every winged fowl after his kind ; and God 
blessed them saying, 'Be fruitful and multiply and fill 
the waters in the seas, and let fowl multiply in the 
earth.' And the evening and the morning were the 
fifth day." 

"And God said, 'Let the earth bring forth the living 
creature after his kind * '^' * and the beast of the 
earth after his kind' '•'' * * and God saw that it was 
good. And God said, 'Let us make man in our image 
* * * and let them have dominion over the fish of 
the sea and over the fowl of the air.' " Genesis, Chap- 
ter I, 20 to 27th verses. 

I am permitted to quote from Mr. Whithead, in 
''Hunting in Many Lands," published by the Forest and 
Stream Publishing Company. 

"After the fall 'thorns and thistles' came forth, and 
man ceased from eating herbs bearing seeds and fruit 
and turned his hand to killing and eating flesh, even as 
Nimrod the mighty hunter before the Lord." 

"Laws for the protection of wild animals are a 
product of civilization. The more civilized a state, the 
broader and more humane will be these laws. 

"Savages are ruthless and wasteful in their destruc- 
tion of animal life. As civilization advanced customs 
grew up. and then laws were enacted comporting with 
the degree of education of the law makers. Anciently 
but few animals were protected for the use of the rulers. 



The Normans passed laws for the protection of deer, 
wolves and the wild boar. 

"The Saxons, like the Romans, guarded their forest 
preserves but left the open country free for chase to all 
the people. 

"After the conquest the new Norman rulers applied 
their own stern and selfish laws all over England. Not 
only was the chase forbidden, but the bearing of arms 
used in the chase as well, and the conquerors thus pre- 
served the game for their own use, and also kept in 
subjection the unarmed people, 

"Their punishments were barbarous, and comprised 
maiming and death, and the killing of a deer or wild 
boar was punished with putting out the eyes or death. 
No greater penalty was inflicted for the killing of a 
man. 

"The underlying principle maintained was that all 
wild game was the property of no one, and that to 
which no one had title belonged to the sovereign. So 
the King held all lands not apportioned and granted 
permission to his chiefs to hunt therein * * * 

"The fascination of the chase, indulged in for years, 
became so inwrought in the English mind that it formed 
the principal recreation of the people, shared in alike 
by nobles, princes, priests and pheasants, evoking a 
world of romance and legend in Robin Hood tales, and 
a sturdy, semi-warlike pride. 

"The exercise formed a school of stalwart, out-of-door 
men, whose descendants of like taste have invaded the 
remotest isles of the sea, and girdled the earth with the 
colonies of England. 

"This taste made its fair mark on English verse from 
the early date of Chevy Chase, when 

"To chase the deer with hawk and hound 
Earl Percy took his way," 
down to recent date, when Conan Doyle's archer sings : 
"So we'll drink all together 
To the grey goose feather. 
And the land where the grey goose flew." 




COL. E. C. FARRINGTON, 
Secretary Maine Sportsmen's Fish and Game Association, 



"The pomp^nd dignity of the chase, its pursuit by the 
highest clergy, and the sad result of want of skill by an 
Archbishop, are quaintly disclosed in the trial of the 
Archbishop of Canterbury for accidentally killing a 
game keeper instead of a deer in the forests, of Broms- 
hill, in the year 1621, as reported at length in Vol. 11 of 
Corbetts State Trials. 

"The right of the crown to all wild game, thus claimed 
and established in England, became part of the common 
law, and was inherited by the American colonies ; and 
thus wild game in our Republic became the property of 
the people, and the duty of it§ care and protection fell 
upon the different states of the republic, and in the 
territories upon Congress. 

"The great distinction to be ever borne in mind 
between the game laws of Europe and those in America 
is that the former were passed for the protection of 
game for a class, while the laws of a republic are 
passed for the preservation of game for the use of all 
the people. 

"The former encountered the hostility of all the 
people save the aristocracy; the latter should obtain the 
approbation of all the people, rich and poor, for they 
are passed and maintained for the good of the people 
at large. 

"Yet too often too many complain of the injustice of 
our laws, which prevent them from fishing when and 
where they please. 

"The earliest recorded game law is found in the 22nd 
chapter of Deuteronomy, enacted by Moses, and never 
repealed, where it is forbidden to take a bird from her 
nest. 

"The earliest law in America was the Act of the 
Assembly of Virginia of 1699, where a close time on 
deer was made from January to July. Penalty for 
illegal killing 500 pounds of tobacco. 

"In 1730 Maryland passed an Act on the same subject, 
which recites the evils of constant shooting, "which evil 
practice, if not put a stop to, may in a few years entirely 



8 

destroy the species of deer, to the great damage of the 
good people of this Province," and a close time on deer 
was established from January to September. Penalty 
400 pounds of tobacco. 

''South Carolina followed in 1769 with an Act pro- 
hibiting the killing of deer during the same time, under 
a penalty of 40 shilling, proclamation money. 

"Both of these Acts prohibited night hunting with fire 
light, or as we call it now in Maine, "jack-lights, or 
jacking of deer." 

"The earliest game law in Kentucky was passed in 
1775, the Legislature holding its session under the 
greenwood trees, and their author was Daniel Boone. 

The earliest law in New York was 1791, and it pro- 
tected "heath hen, partridge, quail or woodcock." 

Laws thereafter multiplied in many of the colonies 
and states. Maine was one of the last to be aroused to 
the necessity of these laws, though having more big 
game and fish and more natural facilities for them than 
almost any other state. 

Two essential features of the game laws have been 
insisted upon with all law makers, viz : ''making the 
possession of game during close season, or having more 
in possession than allowed by law in open season THE 
OFFENSE, and not PRIMA FACIE evidence of 
illegal killing, and restricting marketing of game, fish 
and birds." 

"The bidding for game by wealthy cities is the incen- 
tive to unlawful killing, and the closing of the markets 
stops the poachers' business more thoroughly than the 
convictior. occasionally of a poacher. 

■'All sorts of devices and claims have always been 
resorted to to break down the laws enacted to prevent 
poaching." 

The transportation laws have been especially attacked, 
and it has been strongly hinted that laws preventing 
shipment or possession of game legally killed were un- 
constitutional, and also those authorizing seizure in 



transit, would ^unlawfully interfere with inter-state 
commerce, and were, therefore, uinconstitutional. 

The case of State vs. Bucknam, 88 Me., 385, decided 
, a few years ago, is relied upon to sustain this conten- 
tion, the gist of that decision being "that notv^ithstand- 
ing the law prevented in terms a person from trans- 
porting or having in possession more than two deer in 
one open season, yet if the deer were lawfully killed a 
person could have or transport any number." 

This is in contravention of the authorities at the 
present time ; moreover our statute has been changed 
since that decision. 

The U. S. Supreme Court since that decision has 
decided what is the law of the land in the celebrated 
case of Geer vs. Connecticut, 161 U. S. Reports, page 

519- 

The mischievious and alarming consequences to our 
game, if marketing and transportation is permissible, 
are thoroughly exposed in this decision of the U. S. 
Supreme Court. Whatever decisions or dicta there 
may have been to the contrary in the past it is now the 
law in this State THAT THE HAVING IN POSSES- 
SION GAME IN CLOSE SEASON, OR HAVING 
IN POSSESSION MORE THAN ALLOWED BY 
LAW IN OPEN SEASON CONSTITUTES THE 
OFFENSE, and not merely PRIMA FACIE evidence 
of illegal killing which may be rebutted. Chap. 42, 
Public Laws, 1899, Sec. 18, as amended by Public Laws 
1901, Chap. 222, Sec. 2. 

The forms of defense which offenders deem it 
righteous to make to game prosecutions are without 
number, and are as fraudulent as their trade is wasteful. 

One instance will illustrate : A very large cow moose 
was killed ; after a great deal of trouble and expense 
the culprit was arrested, he confessed to the killing but 
claimed he did it in self defense. 

"When we reflect how many and valuable races of 
animals in North America have become extinct or 
nearly so, as the buffalo ; how many varieties of birds 



10 

that afforded ns food, or brightened the autumn sky 
with their migrations, have been annihilated hke the 
pigeon, the necessity of these laws appears urgent. 

It is the marketing of dead game that excites the kill- 
ing. It is the market hunter that has destroyed all 
feathered life on our prairies ; it is the market hunter 
who nearly exterminated moose and deer in our State, 
and the cold storage process has enabled him to trans- 
port it to other states or countries. Close the markets 
and the killing ceases." 

From the earliest traditions the right to reduce ani- 
mals, ferae naturae, (wild by nature), to possession has 
been subject to the law making power. United States 
Supreme Court, i6i U. S. Reports, 522. 

The human race having multiplied, men partitioned 
among themselves the earth and the greater part of 
those things which were on its surface. That which 
fell to each one among them commenced to belong to 
him in private ownership, and this process is the origin 
of the right of property. Some things did not enter into 
this division, as the air, the water which runs in the 
streams, and the sea and its shores, and great ponds, 
wild animals, birds and fish. 

"A state has the constitutional right to regulate the 
killing of game, birds and fish within its borders, and 
confine their use to the limits of the state, and forbid 
its transmission outside of the state." Decision United 
States Supreme Court. 161 U. S. Reports, page 519. 

It is lawful under the Constitution for a state to 
allow the killing of birds within the state, during a 
designated open season, to allow such birds when so 
killed to be used within the state, and yet to forbid 
their transportation beyond the state. 

"There are things which belong to no one, and the 
use of which is common to all. Police regulations 
direct the manner in which they may be enjoyed. 
Hunting and fishing is also regulated by Special Laws." 
Provisions of the Napoleon code, quoted and endorsed 
by the U. S. Supreme Court, 161 U. S. R., 526. 



"This attribute of government to control the taking 
of wild animals was recognized and enforced by the 
common law of England, and was vested in the colonial 
governments. The power which the colonies thus 
possessed passed to the states, with the separation from 
the mother country, and remains in them to the present 
day." Ibid. 

The state has jurisdiction to regulate and control the 
fisheries in. the waters of the state, both tidal and inte- 
rior waters. The right to fish in its waters is not a 
privilege of the citizens in the several states ; granting 
to citizens of this state the right to fish for and take 
fish in a manner and for a purpose not given to citizens 
of another state is not unconstitutional. 84 Me., p. 444. 

COLONIAL ORDINANCE, 1641. 

The Massachusetts Bay Colonial Ordinance of 1641, 
as amended in 1647, which is an early declaration of 
common rights and liberties, declared among other 
things as follows : 

"And for great ponds lying in common, though with- 
in the bounds of some town, it shall be free for any 
man to fish and fowl there, and may pass and repass 
on foot through any man's property for that end, so 
that they trespass not upon any man's corn or meadow."' 

Massachusetts Colonial Ordinance 1641-1647 is the 
common law of the whole state. Barrows v. McDer- 
mott, ']Z Me., 441. 

A GREAT POND. 

A "great pond" is a pond containing more than 10 
acres. Auburn v. Water Power Co., 90 Me.. 576. 
State owns them. 86 Me. 319. 

One may go to great ponds on foot through unin- 
closed woodlands, but may not cross tillage or mow- 
ing land. Barrows v. McDermott. iz ^le.. 441. 

"The wild game within a state belongs to the people 
in their collective, sovereign capacity. It is not the sub- 



12 

ject of private ownership except so far as the people 
may elect to make it so; and they may, if they see fit, 
absolutely prohibit the taking of it, or traffic or com- 
merce in it, if it is deemed necessary for the protection 
or preservation of the public good. We take it to be 
the correct doctrine in this country that the ownership 
of wild animals, so far as they are capable of owner- 
ship, is in the state. So far as we are aware, it has 
never been judicially denied that the government 
under its police powers may make regulations for the 
preservation of game and fish, restricting their taking 
to certain seasons of the year. * * * The right to 
preserve game flows from the undoubted existence in 
the state of a police power to that end, which may be 
none the less efficiently called into play, because by so 
doing interstate commerce may be remotely efifected." 
Geer v. Connecticut, i6i U. S. R., 519. 

The history of legislation designed to protect fish and 
game in this state dates from the year A. D., 1830. 

In 1869 the fishery and game laws were thoroughly 
revised. 

In 1899 the author devoted much time to codifying 
and classifying into one chapter all the inland fish and 
game laws, both public and private. The Legislature of 
that year passed it unanimously in both branches. That 
chapter is No. 42 of the Public Laws of 1899. 

The Legislature of 1901 made no radical changes 
except to repeal the "September law," so called. 
Various clerical errors and inadvertent omissions have 
been corrected in that chapter, and the meaning of 
obscure sections or phrases made clear, so that now we 
have a code of fish and game laws universally acknowl- 
edged to be the best and most complete in the country, 
and other states and other countries that have fish and 
game to protect are rapidly copying our laws. 

The references at the beginning of sections are to 
chapter 42 of the public laws of 1899, unless otherwise 
specified. 



13 

THE INLANU FISH AND GAME LAWS OF 

MAINE. . 
SIX YEARS' CLOSE TIME ON CARIBOU. 1899, 
CHAPTER 42. 

Sec. 19. It is unlawful to hunt, chase, catch, kill or 
have in possession any caribou, or part thereof, before 
October 15, A. D. 1905. Penalty same as on moose. 

(Note). When firm had three caribou each partner 
held liable. Allen vs. Leighton, 87 Me., 206. 

CLOSE TIME AND PROTECTION OF MOOSE, 
AS AMENDED BY CHAPTER 222, PUBLIC 
LAWS OF 1901. 

No person shall at any time hunt, catch, kill, destroy 
or have in possession any cow or calf moose ; and the 
term "calf moose," as herein used, shall be construed 
to mean that these animals are calves until they are at 
least one year old, and have at least two prongs or tines 
to their horns. No person shall, between the first day 
of December and the fifteenth day of October, in any 
manner, hunt, take, catch, or kill or have in possession 
any bull moose or part thereof, and no person shall, 
between October fifteenth and December first, take, 
catch, kill, or have in possession more than one bull 
moose or part thereof. 

(Note) (All the change that was made in the moose 
law by the last Legislature was in relation to having in 
possession any bull moose or part thereof in close time). 

CLOSE TIME AND PROTECTION OF DEER, AS 
AMENDED BY CHAPTER 222, SECTION 2. OF 
PUBLIC LAWS OF 1901. 

No person shall, except as hereinafter provided, in 
any manner, hunt, take, catch, kill or have in posses- 
sion for any purpose or whenever or Avherever taken, 
caught or killed, any deer, or part thereof, between 



14 

December fifteenth and October first next following; 
no person shall between October first and December 
fifteenth next following, except as hereinafter provided, 
take, catch, kill or have in possession for any purpose 
or whenever or wherever taken, caught or killed, more 
than two deer or parts thereof; a person lawfully kill- 
ing a deer in open season shall have a reasonable time 
in which to transport the same to his home and may 
have the same in possession at his home in close season. 
Note. (This is a radical change from the old law, 
so far as HAVING DEER in possession is concerned. 
Not more than two deer can be had in possession for 
any purpose, no matter where or when taken, and a 
person who has shot a deer lawfully in open season shall 
have a reasonable time to get it home in close season, 
and may have it in possession in close seasoa at his 
home). 

THE SEPTEMBER LAW, so called, was entirely 
repealed by chapter 278, public laws of 1901, so that it 
is impossible to legally kill a deer for any purpose dur- 
ing this month. 

THE BOUNTY ON WILD CATS was repealed by 
chapter 207, public laws of 1901. 

THE BOUNTY ON W^OLVES, of five dollars, 
remains. Ch. 42, sec. 16, P. L. '99. 

PENALTIES. For illegally hunting, chasing, catch- 
ing, killing or having in possession moose, caribou or 
deer, section 20, chap. 42. public laws of 1899, as 
amended by ch. 222, sec. 8, P. L. 1901. 

Whoever shall violate any of the provisions of section 
seventeen of this chapter, shall be punished by a fine of 
not less than five hundred dollars nor more than one 
thousand dollars or by imprisonment not exceeding 
four months ; whoever shall violate any of the pro- 
visions of section eighteen of this chapter, shall be pun- 
ished by a fine of forty dollars and costs for each deer 
taken, caught, killed or had in possession in violation 



15 

of the provisions of section eighteen of said chapter ; 
whoever shall violate any of the provisions of section 
nineteen of this chapter relating to deer, shall be pun- 
ished by a fine of forty dollars and costs ; and whoever 
shall violate any of the provisions of section nineteen 
of this chapter, relating to moose or caribou,' shall be 
punished by a fine of not less than five hundred dollars 
nor more than one thousand dollars, or by imprison- 
ment not exceeding four months. 

USE OF DOGS PROHIBITED. CHAPTER 42, 
SECTION 19, PUBLIC LAWS 1899. 

No person shall at any time, in any manner, hunt, 
catch, take, kill, or destroy, with dogs, jack lights, 
artificial lights, snares, or traps, any moose, deer or 
caribou. (Penalty as found in section 20 above). 

Section 22, chapter 42, P. L. 1899, as amended by 
chapter 222, sec. 3, P. L. 1901. 

Any person may, at any time, lawfully kill any dog 
which hunts or chases a moose, caribou, or deer, or any 
dog kept or used for that purpose. 

Any person owning or having in his possession any 
dog for the purpose of hunting or chasing moose, 
caribou, or deer, shall be punished by a fine of one hun- 
dred dollars and costs of prosecution for each offense. 

(Note). The question often arises, is a person liable 
whose dog, of his own volition, leaves the house of his 
master and chases deer? Anybody can lawfully kill 
the dog, under these circumstances. The owner or 
keeper would not be liable if he knew nothing about it, 
but if he was informed that his dog was in the habit of 
chasing this game, and does not confine him. and the 
dog, after his owner has this knowledge, again chases 
game, he would be liable. Owners of dogs should keep 
them within their immediate control, at their peril, the 
same as he does his horses, his cattle and his hogs. 
Dogs are not domestic animals. State v. Harriman, 75 
Me., 562. One cannot be convicted for stealing under 
R. S., ch. 127, sec. I. State vs. Harriman, 75 Me., 562. 



i6 



SUNDAY IS A CLOSE TIME. SEC. 22 OF CH. 42, 
P. L., 1899, AS AMENDED BY SEC. 3, CHAP. 222, 
P. L., 1901. 

Sunday is a close time, on which it is not lawful to 
hunt, kill, or destroy game or birds of any kind, under 
the penalties imposed therefor during other close time, 
but the penalties already imposed for the violation of 
the Sunday laws by the statutes of this state are not 
hereby repealed or diminished. 

(Note). Sunday is not a close time on fishing, in 
the same sense as on hunting. The only law to prevent 
fishing on Sunday, during the open season, is the old 
Sunday law, so called, and is as follows : "Whoever 
on the Lord's day keeps open his shop * * * qj- 
place of business * * * travels or does any work, 
labor or business on that day, except works of necessity 
or charity ; uses any sport, game or recreation * * * 
shall be punished by a fine not exceeding $10." R. S., 
ch. 124, sec. 20. 

This statute also provides "that a person conscien- 
tiously believing that the seventh day of the week ought 
to be observed as the Sabbath, and actually keeps Sat- 
urday as Sunday, is not liable to the above penalty if 
he does not disturb others by his work." But this will 
not give him the right to hunt game or birds or fish on 
Sunday, though he refrain from doing it on Saturday, 

BEWARE OF SHOOTING BEFORE YOU KNOW 
WHAT YOU ARE SHOOTING AT. 

(Note). The many deplorable, so called, accidents 
each year, where a person has been mistaken for a deer, 
and killed, induced the passage of the following law : 
Ch. 263. P. L.. iQOi. 

Section i. Whoever while on a hunting trip, or in 
the pursuit of wild game or game birds, negligently or 
carelessly shoots and wounds, or kills any human being, 
shall be punished by imprisonment not exceeding ten 
years, or by fine not exceeding one thousand dollars. 



17 

Section 2. It shall be the duty of the county attorney 
and s-heriff in the county in whick a violation of the 
foregoing section occurs, to forthwith investigate and 
prosecute every person who therein violates the pro- 
visions of this act, and for failing so to investigate and 
prosecute, each of said officers shall be liable to a fine of 
not exceeding one thousand dollars, and to be removed 
from office. 

NON-RESIDENTS MUST EMPLOY GUIDES. 
CH. 278, P. L. 1901. 

It shall be unlawful for non-residents of the state to 
enter upon the wild lands of the state with intent to 
camp and kindle fires thereon, while engaged in hunt- 
ing or fishing, without being in charge of a registered 
guide, during the months of May, June, July, August, 
September, October and November ; provided, that the 
provisions of this section so far as entering upon the 
wild lands in this state with intent to camp and kindle 
fires thereon while engaged in hunting or fishing, shall 
not apply to any person or persons who while hunting or 
fishing, stop permanently at any hunting or fishing camp,, 
during such stay, which is owned or under the control 
of any registered guide or registered camp owner. 

Whoever shall take, catch or kill any deer, or enter 
upon the wild lands in this state, with intent to camp 
and kindle fires thereon, while engaged in hunting or 
fishing, without being in charge of a registered guide, 
during the months of May, June, July, August, Septem- 
ber, October and November, in violation of the pro- 
visions herein contained, shall be fined forty dollars and 
costs of prosecution, for each ofifense and be subject to 
imprisonment thirty days. 

DEER IN CERTAIN COUNTIES. 

SAGADAHOC— YORK— Close time until Oct. i, 
1903. Ch. 42, P. L. 1899, sec. 21. 



i8 

KNOX— LINCOLN— Open season October only of 
each year. Ch. 42, P. L. 1899. sec. 21. 

KENNEBEC — Open season October and November. 
Ch. 42, P. L. 1899, sec. 21. 

CUMBERLAND COUNTY. 

It shall be lawful to hunt, chase and kill deer in the 
towns of Baldwin, Bridgton, Casco, Gorham, Gray, 
Harrison, Naples, New Gloucester, Otisfield, Raymond, 
Sebago, Standish and Windham, in Cumberland county, 
from October first to November first. Chapter 381. P, 
& S. Laws of 1901. 

Note. (It is lawful to hunt deer in this county in the 
above mentioned towns ONLY, and ONLY during the 
month of October. The GENERAL law applies as to 
the number that may be taken and as to the penalty for 
violation of the law). 

ANDROSCOGGIN COUNTY. 

The month of October of each year is hereby made 
an open month for the hunting and killing of deer in 
the county of Androscoggin, under the same conditions 
and restrictions as are provided in the general law of 
the state relating to the taking and killing of deer in 
open season. Ch. 371, P. & S. L. 1901. 

ISLE AU HAUT AND SWAN ISLAND. HAN- 
COCK COUNTY. 

It shall be unlawful to hunt, chase, catch or kill, in 
any manner, any deer on any island within the limits 
of the town of Isle au Haut, in the county of Hancock, 
for a period of six years. 

Whoever violates any of the provisions of this Act, 
shall be subject to the same penalties as provided for the 
illegal killing of deer under the general law. Ch. 258, 
P. & S. L. 1901. 

It shall be unlawful to hunt, chase, catch or kill, in 
any manner, any deer within the limits of the town of 



19 

Swan's Island in the county of Hancock for a period of 
five years. Whoever violates any of the provisions of 
this -Act, shall be subject to the^same penalties as are 
provided in the general law for the illegal hunting and 
killing of deer. Ch. 446, P. & S. Laws 1901. 

WALDO COUNTY. 

It shall be unlawful to hunt, chase, catch or kill any 
deer in the county of Waldo for 2 years from the first 
day of Oct., 1901, except from the first day of October 
to the 15th day of November, inclusive, of each year, 
and then only under the same conditions and restric- 
tions as are provided in the general law of the state 
relating to the taking and killing of deer in open season. 
Ch. 452, P. & S. L., 1901. 

OPEN AND CLOSE SEASON DEFINED. 

Section 22 of ch. 42 of the P. L. of 1899, as amended 
by sec. 3, of ch. 222 of the P. L. of 1901. 

The words "close season" and "close time," where 
used in this act, shall mean the time or period during 
which by this act it is made unlawful to hunt, shoot, 
wound, trap or destroy any bird or animal, or fish for, 
or catch any fish mentioned or referred to in this act, 
and the words "open season" where used in this act, 
shall mean the time or period during which it shall be 
lawful to take these animals, fish, and birds as specified 
and limited. 

(Note). The possessor of game illegally taken or 
killed is as liable as if he had taken it himself. State 
vs. Bucknam, 88 Me. 385. 

TRANSPORTATION. 

Chapter 42, section 23, P. L., 1899. 

No person or corporation shall carry or transport 
from place to place any moose, or deer, or part thereof, 
in close time, nor in open time unless open to view, 
tagged, and plainly labelled with the name and residence 



20 

of the owner thereof, and accompanied by him, under a 
penaky of forty dollars and costs of prosecution for 
each moose or deer so transported or carried ; and any 
person not the actual owner of such game or parts 
thereof, who, to aid another in such transportation, 
falsely represents himself to be the owner thereof, shall 
be liable to the penalties aforesaid ; and it shall be 
prima facie evidence that said game, that is being trans- 
ported or carried in violation of this section, was ille- 
gally killed ; but nothing herein shall apply to the trans- 
portation of moose, or deer by any person or corpo- 
ration, when such game is lawfully tagged in accord- 
ance with the provisions of section 26 of this chapter. 
Whoever lawfully kills a bull moose shall, while the 
same, or any part thereof, is being transported, preserve 
and transport it, with the evidence on the moose of the 
sex of the same. Whoever fails to comply with the 
provisions of this section shall forfeit to the State the 
moose or part thereof being transported, and pay a fine 
of three hundred dollars and costs of prosecution. 
Chapter 42, P. L. 1899, sec. 24. 

All birds, fish, and game hunted, caught, killed, de- 
stroyed, bought, carried, transported, or found in 
possession of any person or corporation, in violation of 
the provisions of this chapter and amendments thereto, 
shall be liable to seizure; and in case of conviction for 
such violation, such game shall be forfeited to the 
State, to be sold for consumption in this State only. 
Any person whose game or fish has been seized for 
violation of any game or fish law, shall have it returned 
to him on giving to the officer a bond with sufficient 
sureties, residents of the State, in double the amount 
of the fine for such violation, on condition that, if con- 
victed of such violation, he will, within thirty days 
thereafter, pay such fine and costs. If he neglects or 
refuses to give such bond and take the game or fish 
so seized, he shall have no action against the officer for 
such seizure, or for the loss of the game or fish seized. 



21 



SHALL NOT.GIVE AWAY BIRDS OR GAME. 

Chapter 42, sec. 25, P. L., 1899." 

No resident of this State shall sell or give away any 
moose or deer or part thereof, or any game birds, to be 
transported or carried beyond the limits of this State, 
under a penalty of one hundred dollars for each and 
every moose, deer, or part thereof, and one dollar for 
every game bird so sold or given away; and any person 
who shall buy any of the above named animals or birds 
or parts thereof, to so transport them, or who shall 
transport them after buying the same, or receiving the 
same as a gift, shall be subject to the same penalty. 

MAY TRANSPORT MOOSE, DEER. GAME 

BIRDS AND FISH ON PAYMENT OF A 

FEE. 

Chap. 42, sec. 26, P. L., 1899. 

Any person who has lawfully killed a moose or a 
deer, or who has lawfully in his possession one trout, 
one togue, one land-locked salmon, or one white perch, 
or ten pounds of either kind of these fish, or one pair 
of game birds, may send the same to his home or to any 
hospital in the State, without accompanying the same, 
by purchasing of the duly constituted agent therefor a 
tag, paying for a moose five dollars, for a deer two dol- 
lars, for a trout, togue, or land-locked salmon, one dol- 
lar for each, or one dollar for each ten pounds of the 
same, and fifty cents for one white perch or ten pounds 
of the same, and fifty cents for a pair of game birds. 
The commissioners of inland fisheries and game may 
appoint agents in convenient localities who may sell 
these tags, under such rules and regulations as the com- 
missioners may adopt. 

Note. — (A person who has lawfully killed a bull 
moose, or a deer, may sell them, but not to be trans- 
ported out of the State. He may take them to his 
home wherever he lives, by going with them, and hav- 
ing them properly tagged, or he may buy a license and 



22 

ship them to his home without going with them. He 
may take a moose or two deer that he has killed out of 
the State, or he may cut them up and peddle them out, 
without a license. 

One who lawfully obtains the ownership of game in 
open time is not criminally liable for having the same 
in possession in close time afterwards. 88 Me. 385; 
76-80; 82-173; 75-289. But having it thus in possession 
is evidence of its illegal capture. 88 Me. 385). 

GAME BIRDS AND THEIR PROTECTION. 

Public Laws 1901, ch. 258. 

There shall be for game birds an annual close time in 
which it shall be unlawful to hunt, chase, catch, kill or 
have them in possession whenever or however killed, as 
follows. For wood duck, dusky duck, commonly called 
black duck, teal, and gray duck, the close time shall be 
during the months of January, February, March, May, 
June, July, August and December of each year ; for 
ruffed grouse, commonly called partridge, and wood- 
cock, from the first day of December to September 
fifteenth next following of each year ; for quail from the 
first day of December to the first day of October ; for 
plover, snipe and sandpipers, from the first day of May 
to the first day of August of each year. Whoever 
violates any of the above named provisions of this sec- 
tion shall be subject to a penalty of not less than five 
dollars nor more than ten dollars for each bird so killed, 
caught, chased, or had in possession in close time. No 
person shall, in any one day, kill or have in possession 
more than fifteen of each variety of the above name J 
birds, except sandpipers, the number of which shall not 
exceed seventy in one day, during the respective open 
seasons for each ; nor shall any person, at any time, kill 
or have m possession any ruffed grouse, commonly 
called partridge, or woodcock, except for his own con- 
sumption within this state, except as hereinafter pro- 
vided, under a penalty of five dollars for each bird so 
unlawfully killed or had in possession; nor shall any 



2^ 

person at any tin>e sell, or offer for sale, any ruffed 
grouse, commonly called partridge, vor woodcock, within 
this" state, under the same penalty ; nor shall any person 
or corporation carry or transport from place to place 
any of the birds mentioned in this section, in close sea- 
son, nor in open season unless open to view, tagged, atid 
plainly labelled with the owner's name and residence 
and accompanied by him, unless tagged in accordance 
with section twenty-six of this chapter under the same 
penalty. Any person, not the actual owner of such bird 
or birds, who, to aid another in such transportation, 
falsely represents himself to be the owner thereof shall 
be liable to the same penalty : nor shall any person or 
corporation carry or transport at any one time more than 
fifteen of any one variety of the birds above mentioned 
as the property of one person, under the same penalty ; 
and it shall be unlawful for a term of ten years, to hunt, 
for, take, catch, kill or destroy the capercailzie, or cock 
of the woods, so called, black game, so called, or any 
species of the pheasant, except ruffed grouse or par- 
tridge, under a penalty of fifty dollars for each offense. 

USE OF TRAPS, NETS, SNARES, AND ALL 
OTHER METHODS. EXCEPT THE USUAL 
METHOD OF SPORTING WITH FIREARMS, 
ILLEGAL IN TAKING GAME BIRDS; ALSO 
HAVING FIREARMS IN THE NIGHT IN 
POSSESSION IN THE VICINITY OF THE 
DUCK GROUNDS IN MERRY MEETING BAY, 
Sec. 13, ch. 42, P. L. 1899. 

It is unlawful to take any wild duck, of any variety, 
quail, ruffed grouse, or partridge, woodcock, or any 
bird, except by the usual method of sporting with fire- 
arms. Penalty $5.00 for each bird. It is unlawful to 
kill in any manner any wild duck of any variety on the 
Kennebec river or on the shores thereof, south of 
Gardiner and Randolph bridge, or on Merrymeeting 
bay, or the shores thereof, between sunset and daylight 
of the following morning; it is unlawful to hunt, kill, 



24 

or destroy any wild duck, at any time, with the aid of 
jack lights, or any artificial light. Penalty $50.00. 

Having firearms in possession in the vicinity of the 
duck grounds in Merrymeeting bay, or on the Kennebec 
river south of the Randolph and Gardiner bridge, in 
the night time, is prima facie evidence that the person 
having them is hunting ducks contrary to law. 

USE OF LAUNCHES. OR OTHER CRAFT PRO- 
PELLED BY OTHER THAN HAND POWER. 
UNLAWFUL IN HUNTING DUCK OR OTHER 
WATER FOWL, IN CERTAIN LOCALITIES. 
P. & S. Laws 1901, chapter 387. 

It shall be unlawful to pursue, hunt or shoot duck or 
other water fowl upon the waters of Lower Kezar pond, 
in the county of Oxford, in any launch or other craft 
propelled by steam, naptha, electric or any power than 
by sails or hand, under a penalty of fifty dollars for 
each offense. 

PROTECTION OF BIRDS OTHER THAN GAME 
BIRDS. 

Ch. 142, Public Laws of 1901. 

No person shall, within the state of Maine, kill or 
catch or have in his or her possession, living or dead, 
any wild bird, other than a game bird, nor shall pur- 
chase, offer or expose for sale, any such wild bird after 
it has been killed or caught. No part of the plumage, 
skin or body of any bird protected by this section shall 
be sold or had in possession for sale. Nor shall any 
person within the state take or needlessly destroy the 
nest or the eggs of any wild bird, nor have such nest or 
eggs in his or her possession. The English, or Euro- 
pean house sparrow, the common crow and the hawks 
and owls are not included among the birds herein pro- 
tected ; and for the purposes of this act, the following 
only shall be considered game birds : the anatidae, com- 
monly known as swans, geese, brant, and river and sea 
ducks ; the rallidae, commonly known as rails, coots, 



mud-hens and gallinules ; the limicolae, commonly 
known as shore birds, plovers, surf birds, snipe, wood- 
cock, sandpipers, tatlers and curlews ; the gallinse, com- 
monly known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges and quails. Nothing in this sec- 
tion, however, shall be construed to affect in any way 
the protection of game birds, as provided in sections 
eleven and thirteen of the act hereby amended. Any 
person who violates any of the provisions of this section 
shall be guilty of a misdemeanor, and when convicted 
therefor, shall be fined five dollars for each offense, and 
an additional five dollars for each bird, living or dead, 
or part of bird, or nest or eggs possessed in violation 
of this section or to imprisonment for ten days, or both, 
at the discretion of the court. 

(Note). It will be seen by the above section that 
sweeping changes were made in the protection of birds 
other than game birds. The Ornithologists' Societies 
recommended and urged and secured the passage of 
this law. 

The only birds, other than game birds, not protected 
are crows, hawks, owls and English sparrows. 

DOVES. 

It is held in all the authorities that doves are ferse 
natural, and as such are not subject of larceny, except 
when in the care and custody of the owner ; as when in 
a dovecote or pigeon house, or when in the nest, before 
they are able to fiy. If, when thus under the care of 
the owner, they are taken furtively, it is larceny, g 
Pickering, 15, 89 Me. 86. 

Perhaps when feeding on the grounds of the proprie- 
tor, or resting on his barn, or other buildings, if killed 
by a stranger, the owner may have trespass, and if the 
purpose be to consume them as food, and they are 
killed or caught or carried away from the inclosure of 
the owner the act would be larceny. 89 Me. 87. 



26 

OPEN AND CLOSE SEASON ON LAND-LOCKED 

SALMON, TROUT, TOGUE, WHITE PERCH, 

BLACK BASS AND PICKEREL. 

Public Laws 1899, chapter 42, sec. 5, and P. & S. L., 
chap. 326, 1901, relating to open season in Oxford 
county. 

There shall be an annual close time for land-locked 
salmon, trout, togue, and white perch, as follows : for 
land-locked salmon, trout, and togue, from the first day 
of October until the ice is out of the pond, lake or 
river fished in the following spring of each year, except 
on the St. Croix river and its tributaries, and on all the 
waters in Kennebec county, in which the close time shall 
be from the fifteenth day of September until the ice is 
out of the ponds and lakes the following spring, and in 
Franklin county in which the close time shall be from 
the first day of October till May first ; but for white 
perch, the close time shall be from the first day of April 
to the first day of July. No person shall take, catch, 
kill, or fish for in any manner, any land-locked salmon, 
trout, togue, or white perch in any of the waters of this 
State in close time, under a penalty of not less than ten 
dollars nor more than thirty dollars, and a further fine 
of one dollar for each fish thus caught, taken, or killed ; 
provided, however, that any person lawfully trolling for 
trout, land-locked salmon, or togue, in good faith, who 
shall accidentally hook or catch a white perch may law- 
fully keep the same; and provided, that during Feb- 
ruary, March and April, citizens of this State may fish 
for and take land-locked salmon, trout, and togue, with 
not more than five set lines for each family, when fish- 
ing through the ice in the day time, and when under the 
immediate personal superintendence of the person fish- 
ing, and may convey them to their own homes for con- 
sumption therein, but not otherwise; but no citizen of 
the State during this time shall be permitted to catch 
more than twenty pounds or one fish, of any of the 
above named fish in any one day. 




HON. HENRY O. STANLEY, 

The Oldest Fish and Game Commissioner 

in America. 



27 

(Note). Much- uncertainty has seemed to exist in 
the minds of many about "winter'* or "ice fishing," as 
it is called; also as to just what streams or tributaries 
are closed to fishing, and special regulations as to the 
manner of fishing, &c., in certain waters. 

For convenience I have taken up this subject by 
counties, naming the lakes and ponds closed to ice fish- 
ing and the tributaries closed to any kind of fishing. 

ANDROSCOGGIN COUNTY. 

P. L. 189c), Ch. 42, Sec. 5. It is unlawful to fish 
through the ice at any time in lake Auburn in Auburn, 
Brettun's pond in Livermore, Allen pond in Greene, 
(and Androscoggin pond, situated partly in this county. 
P. & S. L. 1901, ch. 226). 

(Note). It is lawful to fish through the ice, as pro- 
vided in the general law, in all other lakes and ponds 
"in this county. 

SPECIAL LAW RELATIVE TO BLACK BASS IN 
SABATTUS POND. 
It shall be unlawful for any person to kill any black 
bass which does not measure 12 inches in length from 
tip of nose to tip of tail, or to kill or cause to be killed 
more than 10 black bass in any one day taken from 
Sabattus pond. (Laws of 1901, ch. 287.) 

SPECIAL LAWS CLOSING CERTAIN TRIBU- 
TARIES TO CERTAIN LAKES IN THIS 
COUNTY. 

It is also unlawful to fish at any time, for any kind 
of fish in any of the tributaries of Lake Auburn, or in 
Townsend brook, north of the road leading from the 
Turner road to North Auburn village, or in Townsend 
brook within 100 feet of the culvert at the mouth, dur- 
ing September of each year, or in any of the tributaries 
of Taylor pond, in the city of Auburn, or in any of the 
tributaries to Brettun's pond, in Livermore, Ch. 42, 
sec. 5, P. L.. 1899. It is also unlawful to fish in 



28 

Three brooks, in Wales, Leeds and Greene, or in East 
and West branches of Dead river, in Leeds, Greene, and 
Wales, or in Dead river, in Greene, from the point 
where the Three brooks empty into said Dead river up 
to the bridge or in Upper and Lower Smelt brooks, on 
west side of Sabattus pond, in Greene, or in Sabattus 
river, in Webster, from outlet of Sabattus pond to the 
second dam, or in the tributaries of Big Bear pond, 
situated partly in Turner. 

Provided, however, it shall be lawful to take such 
fish as are usually used for live bait, in Dead river, 
from Sabattus pond to where the East and West 
branches come together, during the months from May 
first to December first of each year, in quantities not to 
exceed five hundred in number, in any one month, to 
any one person. 

It shall be unlawful to fish for any kind of fish on 
Sunday from the second dam to the third dam, on 
Sabattus river. (Rules and Reg. of Commissioners). 

AROOSTOOK COUNTY. 

There are no lakes or ponds closed to ice fishing in 
this county, except that Ross and Conroy lakes, in 
Littleton and Monticello, were closed to ALL fishing 
for 5 years by chapter 474 of Private and Special laws 
of 1901. 

Sec. 5, ch. 42, P. L. of 1899. It is also unlawful to 
fish at any time, for any kind of fish, in the inlet 
streams of Squaw Pan lake, from Thibadeau's landing 
to the source of the stream, or in any of the tributaries 
to Madawaska lake. 

CUMBERLAND COUNTY. 

It is unlawful to fish through the ice for any kind of 
fish in Little Sebago pond and until June 15th of each 
year. P. & S. laws 1901, ch. 328. 

Sabbath Day pond in New Gloucester and Thomas 
pond in Raymond and Casco are closed to ice fishing. 
P. L. of 1899, ch. 42, sec. 5. Great Watchic pond and 



29 

tributaries are closed to fishing from Oct. ist to ist day 
^ of May following. Ch. 292, P. & S. L., 1901. 

(Note). It is lawful to fish through the ice, as pro- 
vided in the general law, in all other lakes and ponds 
in this county. See also Thompson pond, Oxford 
county. 

Sec. 5, ch. 42, P. L. 1899. 

It is unlawful to fish at any time, for any kind of 
fish, in any of the tributaries to Sabbath Day pond, in 
New Gloucester, or in the tributaries to Sebago lake, 
except Crooked and North West rivers, or in the tribu- 
taries of Anonymous pond, in Harrison, or in Royal 
river, from the Sabbath Day pond to Jordan's dam, or 
in the tributaries to Thomas pond, in Raymond and 
Casco, or in Greely brook and its tributaries, in Oxford, 
Norway, and Otisfield. 

It shall be unlawful to fish for, take, catch or kill any 
kind of fish at any time in any of the tributaries of 
Duck pond. Ch. 315, P. & S. laws 1901. 

FRANKLIN COUNTY. 
By sec. 5. ch. 42, P. L. 1899, it is unlawful to fish 
through the ice in any of the lakes or ponds in Franklin 
county. 

CERTAIN TRIBUTARIES CLOSED. 
It is unlawful to fish for any kind of fish, at any 
time, in any of the tributaries to Lake Webb, in Weld, 
except Alder brook, down as far as the mill dam 
at Hildreth's mill, or in any of the tributaries to Tufts 
and Duttons ponds, or the outlet of the same down to 
Reid's falls, and from Tufts pond to Alder stream, or 
in any of the tributaries to Rangeley lake, or in the 
tributaries to Ross pond, or in Rangeley stream, from 
the lower wharf, at the outlet of Rangeley lake, down 
to the dead water at the upper end of the eddy, or from 
the upper end of the eddy to the mouth of Kennebago 
stream, from July first to May first, or in Kennebago 
stream between the foot of the falls near its mouth to 



30 

the upper falls at the outlet of the lake, between July 
first and May first, or in Cupsuptic stream, tributary 
to Cupsuptic lake, above the first falls near its mouth 
between July first and May first, or in South Bog 
stream up to the first quick water, from July first to 
May first, or in the stream connecting Long pond and 
Rangeley lake from July first to May first, or in Bemis 
stream, tributary to Mooselucmaguntic lake, at any 
time, or in Whetstone brook, which flows into Kenne- 
bago stream, from the foot of the boulders, so called, 
in said stream, to the foot of the falls at the outlet of 
Kennebago lake, at any time, or in Metalluc and Mill 
brooks, which flow into the Upper Richardson lake, or 
the tributaries to Wilton pond, in the town of Wilton, 
at any time, or in the tributaries of Varnum and North 
ponds in the towns of Temple and Wilton, or in any of 
the tributaries to Clearwater pond, in the towns of 
Farmington and Industry, or in the tributaries of Long 
pond and Sandy river pond, lying wholly or in part in 
Sandy River plantation, or in Lufkin pond, or its tribu- 
taries, in the town of Phillips, at any time, or in the 
tributaries to Four ponds, in Townships E and D, or in 
the tributaries to Tim and Mud ponds, in Township 2, 
range 4, W. B. K., or in Webb's river, above Goodwin 
Brothers' mill dam in Carthage. Ch. 42, P. L. 1899, 
sec. 5. Also all the waters of Carrabasset river, and 
their tributaries, above or northerly or westerly of the 
bridges across said Carrabasset river, and its branches 
or tributaries, or in Redington and Houston brooks, so 
called, in the townships of Crockertown, Mt. Abraham 
and Jerusalem, or in the stream connecting Dodge and 
Round ponds, or in the stream between Round pond 
and Hunter cove, in Rangeley. R. & R. Commrs., 6-20- 
'99 & 7- 10- '99. 

It shall be unlawful to fish for, catch, or kill 
any fish in Quimby pond in the town of Rangeley, 
except in the ordinary way of angling with rod and 
artificial flies, between sunrise and sunset of each dav, 
from the fifteenth day of May to the first day of 



31 

October ; and no^ person shall take more than twelve 
fish in said pond in any one day, nor more than twenty- 
five fish in any one day in Four ponds in Townships E 
and D, or fish except with artificial flies, in South Bog 
stream and pool, so called, waters connected with 
Rangeley lake, or in Seven ponds, so called, or take, 
catch, or kill more than twenty-five trout from Tim and 
Mud ponds, in Township 2, range 4, W. B. K. P., or 
from Tufts and Dutton ponds in the same township 
in any one day, or take from the waters of Varnum or 
North pond in the towns of Temple and Wilton, and 
Clearwater pond in the towns of Farmmgton and In- 
dustry, more than three trout, togue, and land-locked 
salmon in all, in any one day. P. L. 1899, ch. 42, sec. 5. 

It is also unlawful to fish for, catch or kill any kind 
of fish in Dodge and Round ponds, and in that part 
of Hunter cove above the bridge crossing the same, 
except by casting flies or trolling in the ordinary man- 
ner, the last named waters being in the town of Range- 
ley, and the fishing for, catching or killing any fish 
from the bridge crossing said Hunter cove at any time, 
except from the time the ice leaves Rangeley lake to 
June 1st of each year, is unlawful. R. & R. Commrs., 
6-20-99. 

It is also unlawful for any person to catch more than 
five pickerel in Lake Webb, in one day, or more than 15 
trout and land-locked salmon in all from Tufts, Button 
and Grindstone ponds, in one day. R. & R. of Commrs. 

It shall be unlawful for a period of 4 years from 
June I, 1901, to fish for, take, catch or kill any kind of 
fish in Sandy river or in any of its tributaries from 
Small's Falls, so called, in Madrid, to Sandy river pond. 

It shall be unlawful to fish for. take, catch or kill any 
kind of fish in the following named tributaries of Sandy 
river below said Small's Falls, for a period of 4 years 
from June i, 1901, namely: The north branch, called 
the Chandler mill stream ; the south branch, called the 
Crossman stream ; the Bowen brook ; Saddleback 
stream that empties into Sandy river at Madrid Village ; 



32 

the Ben Morrison brook that flows into Saddleback 
stream. Ch. 310 P. & S. L. 1901. 

It shall be unlawful to catch any trout in Tufts. But- 
ton or Grindstone ponds, or their tributaries, in the 
town of Kingfield, Franklin county, for sale ; and it 
shall be unlawful to sell any trout at any time taken 
from the above named ponds or their tributaries. Ch. 
449, P. & S. L. 1901. 

It shall be unlawful to take, catch or kill, at any 
time, any kind of fish in any of the ponds lying on 
Saddleback Mountain, or the outlet to the same flow- 
ing into Dead river pond or Rangeley lake, or in any 
of the tributaries emptying into said outlet, or in 
Salmon lake, formerly known as Gull pond, situated in 
Dallas Plantation, in the county of Franklin, except in 
open season, and not in open season except in the ordi- 
nary method of casting with artificial flies. Ch. 330, P. 
& S. laws 1901. 

It shall be unlawful, to fish for, m any way, or catch 
any fish of any kind in the Seven ponds, so called, ihe 
Seven ponds stream, so called. Little Kennebago lake, 
so called, and the stream flowing out of said Little 
Kennebago lake to the dam at the head of Kennebago 
falls, also the stream flowing out of Kennebago lake, 
commencing 4 rods above the Berlin Mills Company's 
bridge and continuing down said stream to its junction 
with the stream flowing from Little Kennebago lake, 
situated in the county of Franklin, except in the ordi- 
nary method of casting with artificial flies, or fly fish- 
ing. Ch. 291. P. & S. Laws 1901. 

HANCOCK COUNTY. 

It is unlawful to fish through the ice in Noyes pond, 
Eagle lake, Bubble pond or Turtle lake, on Mt Desert 
Island, Crocker pond in Township 32, Middle Division, 
Jordan pond, Long pond, or Pickerel pond in Town- 
ship 32, Middle Division, Hancock County. Sec. 5, ch. 
42, P. L. 1899. 



33 

It shall be lawful to fish through the ice in Green 
lake,' Hancock county, during the* months of February, 
March and April, on Fridays and Saturdays of each 
week, of each year, in the manner provided in the gen- 
eral law for fishing through the ice. P. & S. laws 1901, 
ch. 454- 

(Note). It is lawful to fish through the ice, as pro- 
vided in the general law of the state, in all other lakes 
and ponds in this county. 

It is unlawful to fish for any kind of fish, at any 
time, in any of the tributaries to Noyes pond, in Blue- 
hill, or in the tributaries to Green lake, in the towns of 
Dedham and Ellsworth, or in the tributaries to Eagle 
lake, in the town of Eden, or in the tributaries to Bub- 
ble oond, sometimes called Turtle lake, on the island 
of Mt. Desert, or in the tributaries to Jordan pond and 
Long pond, ch, 42, sec. 5, P. L, 1899, or in the 
tributaries of Branch pond, sometimes called Nicolin 
lake, in the city of Ellsworth, flowing into said pond 
or lake on the southwesterly side thereof, including 
Wickempauw and Rocky pond brooks and their tribu- 
taries, said streams being situated partly in Ellsworth, 
Orland and Dedham, or in the outlet of Nicatous 
lake, as far down as the head of Nicatous falls, or in 
said Nicatous lake for 100 feet up the lake from the 
dam, and in all of the tributaries of said lake except 
Gassabeas stream, or in the tributaries of Phillips lake, 
in Dedham. R. & R. of Commrs. 

SALE OF TROUT PROHIBITED IN HANCOCK 
COUNTY. 

It shall be unlawful to fish for, take, catch or kill any 
trout in any of the waters lying wholly or partly in the 
county of Hancock for sale. 

It shall be unlawful for any person, at any time, to 
sell, either directly- or indirectly, any trout in Hancock 
county. Ch. 272, P. & S. Laws of 1901. 



34 



KENNEBEC COUNTY. 

It shall be lawful for citizens of this state to fish 
through the ice, in the day time, with not more than 5 
set lines to a family, and when under the immediate 
personal control of the person fishing, and to catch not 
exceeding 20 pounds, or one fish, in one day, and con- 
vey the same to their own homes, for consumption 
therein, but not otherwise, in the following named lakes 
and ponds situated wholly or partly in Kennebec county, 
namely : 

All of the ponds and lakes situated wholly or partly 
in the town of Sidney, Cochnewagon pond, in Mon- 
mouth, Dexter, Berry, Ford, Pickerel and Wayne 
ponds, situated wholly or partly in the town of Wayne, 
also all of the lakes or ponds situated in Readfield, 
with the exception of Lake Maranocook, also all of the 
lakes and ponds situated wholly or partly in the -tOwn 
of Litchfield with the exception of Jimmy pond, so 
called, also all the lakes and ponds situated on the east 
side of the Kennebec river in Kennebec county with 
the exception of Three Mile pond, so called, in China, 
Windsor, and Vassalboro, in which last named pond 
it shall be lawful to catch pickerel on Saturdays only 
of each week, also Horseshoe pond in West Gardiner ; 
but nothing in this Act shall be construed as permitting 
ice fishing at any time in Lake Cobbosseecontee, situ- 
ated partly in Monmouth, Winthrop. Manchester, West 
Gardiner and Litchfield. 

It is UNLAWFUL to fish in any other lake in this 
county through the ice. Ch. 329, P. & S. L. 1901. 

It is also unlawful to fish at any time, for any kind 
of fish, in any of the tributaries to any of the lakes or 
ponds, lying wholly or in part in the towns of Winthrop, 
Monmouth, Litchfield, Manchester and Wayne, or in 
the tributaries to Three Mile pond, partly in China, or 
in any of the tributaries to McGraw, Ellis, East, North, 
'Great, Long, Little and Snow ponds. Ch. 42, sec. 5. 
P. L. 1899. 



I 



35 

No BLACK BASS LESS than 12 inches in length 
may be taken in certain lakes in^Kennebec county. 

Ch. 287, P. L. 1901. 

It shall be unlawful for any person to kill any black 
bass taken from any of the following named waters, 
situated in the county of Kennebec, which do not 
measure 12 inches in length from tip of nose to tip of 
tail, and that it shall also be unlawful for any person 
to kill or cause to be killed more than 10 black bass in 
all taken in any one day from any of said lakes, 
namely: Snow pond or Messalonskee lake, Long pond, 
Great pond or Belgrade lake. North pond. East pond, 
McGrath and Ellis pond or Richardson lake, or any of 
the streams flowing into or out of any of said lakes or 
ponds or connecting the same, also Annabessacook, 
Maranocook and Cobbosseecontee lakes, and all streams 
connecting the same. 

KNOX COUNTY. 

It is unlawful to fish through the ice in Crystal lake, 
in Washington, in Knox County. Ch. 42, sec. 5, P. L. 
1899. 

(Note). It is lawful to fish through the ice, as pro- 
vided in the general law, in all other lakes and ponds in 
this county. 

It is unlawful to fish for any kind of fish at any 
time in any of the tributaries to Canaan lake or the 
tributaries to Lermond's or AJford's ponds, or in the 
tributaries to Norton pond, and Crystal lake. Ch. 42. 
sec. 5. P. L. 1899. 

It shall be unlawful for a period of 3 years to fish 
for, take, catch or, kill in any manner any kind of fish 
in the Branch and Meadow brooks, so called, situated 
in the town of Thomaston and city of Rockland. 

At the expiration of the 3 years named in section i 
of this Act there shall be a close time on said brooks in 
which it shall be unlawful to fish for, take, catch or kill 
in any manner any fish in said brooks from July first 
to June 1st of each year. Ch. 224, P. & S. L. 1901. 



36 

It is unlawful to fish in Grassy pond in the towns of 
Hope and Rockport at any time within five years from 
the approval of this act. Ch. 42, sec. 5, P. L. 1899. 

LINCOLN COUNTY. 

It is unlawful to fish through the ice in Dyers pond, 
in Jefferson. Ch. 42, sec. 5, P. L. 1899. 

(Note). It is lawful to fish through the ice in all 
other lakes and ponds in this county. 

It is unlawful to fish in any of the tributaries of 
Dyer's pond. Ch. 42, sec. 5, P. L. 1899. 

It shall not be lawful for any person to catch or take 
eels from Damariscotta river or pond during the 
months of May, June, July, August, September and 
October, by potting, trapping, netting, or by any other 
device ; and any person so offending shall, on convic- 
tion, forfeit and pay a fine of not less than five, nor 
more than twenty dollars, to be recovered in an action 
of debt, one-half to the complainant, and the other half 
to the town where the offense is committed, before any 
trial justice in the county of Lincoln. Chapter 391, P. 
& S. Laws 1901. 

OXFORD COUNTY. 

Ch. 326, P. & S. L. 1901. Section i. Ice fishing is 
permitted in accordance with the general law, (see 
page 26) in the following named lakes and ponds 
situated wholly or partly in Oxford County, namely : 
North and Bird ponds in the town of Norway, the 
Five Kezar's, Moose, Bear, Long, Two Speck, Pap- 
poose, and McWain ponds in the town of Waterford, 
Kneeland, Burnt Land, Songo, and Crooker ponds in 
the town of Albany, Proctor pond in the towns of 
Albany and Stoneham, Upper Stone, and Horse Shoe 
ponds in the town of Stoneham, Bradley, Dresser, 
Farrington, and Slab City ponds in the town of Lovell, 
Moose, Beaver, Long, Grandeur and Little ponds in the 
town of Denmark, Lower Kezar, Lovewell's, Clay, 
Haley, Charles, Pleasant, Lower Kimball and Bog 



Z1 

ponds lying wholly or partly in the town of Fryeburg. 
Rattle Snake and Burnt Meadow ^ponds in the town of 
Brownfield, Moose and Mud ponds in the town of 
Paris, Indian. Round and Twitchell ponds in the town 
of Greenwood, Hogan and Whitney ponds in Pxford, 
the two Clemons ponds, Middle, Barker and South 
East ponds in Hiram, Bungamuck pond in Hartford, 
Keyes and Stearns ponds in Sweden, Bickford, Long 
and Colcord ponds in Porter, and North pond in Green- 
wood and Woodstock. 

Section 2. It shall be unlawful to fish for. take, catch 
or kill any fish at any time in any of the streams which 
are tributary to Penneeseewassee lake in Norway, or 
Great and Cold brooks, tributaries to Upper Kezar 
pond, in Lovell, and the tributaries to Great and Cold 
brooks, and the tributaries of Upper and Lower Stone 
ponds in Stoneham. (See Chap. 336, P. & S. L., 1901, 
which corrects the spelling — it was printed "Stowe" in 
this Act). 

Section 3. The open time for fishing in all the lakes 
in Oxford county shall begin as soon as the ice is out of 
said lakes in the spring instead of on the first day of 
May as now provided by law. 

Chapter 207, P. & S. L. 1901, provides as follows: 

It shall be lawful, for two years from the time this 
Act takes effect, for citizens of this state to fish for, 
take, catch and kill togue, pickerel and cusk during ihe 
months of February, March and April of each year, 
with not more than five set lines for each family when 
fishing through the ice in the day time, and convey the 
same to their own homes for consumption therein but 
not otherwise, in Thompson pond, so called, situated 
in the towns of Oxford, Casco, (Cumb. Co.). Poland 
and Otisfield, and sec. 5 of ch. 42 of the public laws of 
1899 is hereby modified to conform with this Act so far 
as it relates to Thompson pond. 

Ch. 42. sec. 5, P. L. 1899. 

It is unlawful to fish for any kind of fish, at any 
time, in any of the tributaries to Anasagunticook lake. 



38 

or Whitney pond, in Canton and Hartford, or in the 
tributaries to Little Bear pond, in Hartford and Turner, 
or in the tributaries to Howard's pond, in Hanover, or 
in Megalloway river or its tributaries between the 
mouth of Little Megalloway river and the Berlin Mill 
Company's dam, or in the tributaries to lakes Pennes- 
seewassee and Little Pennesseewassee, or in the tribu- 
taries to Roxbury pond or Garland pond, or in Rapid 
river from the Swing bridge, at the Oxford Club 
House, to Lake Umbagog, or in the tributaries lo 
Songo pond in Albany, Sand and Pickerel pond in Den- 
mark, Upper Kezar pond in Stoneham and Lovell. 

It is unlawful to take any black bass, pickerel, or any 
other tish from the Lower Kezar pond and its tribu- 
taries, in the county of Oxford, for the purpose of sell- 
ing the same (but any person may take twenty pounds 
of fish in one day from said Lower Kezar pond, but 
shall not transport the same, except in possession of the 
owner) ; or to fish for, take, or catch any fish, from 
Ward's brook, Ward's pond, and Walker's pond, so 
called, in Oxford county, except between the first day of 
May and August of each year, or to fish therein except 
with rod and single line and artificial flies ; or to fish 
for, catch, or kill any fish in Ellis river and its tribu- 
taries, situated in Andover, Andover West, North Sur- 
plus, and Roxbury, in Townships C and D, in Oxford 
and Franklin counties, except on 1 uesdays, Thursdays, 
and Saturdays, during the months of ]May, June, and 
July, and to the fifteenth day of August. 

It is unlawful to fish between sunset and daylight 
from the fifteenth of August to the first day of October 
in the Pool below the upper dam at the outlet of Moose- 
lucmaguntic lake, in Oxford County. R. & R. of 
Commrs. 

Ch. 321 of P. & S. L. of 1901 provides : There shall 
be a close time in which it shall be unlawful to fish for 
any kind of fish in any way or at any time in Pleasant 
pond or its inlets, situated in the town of Sumner, Ox- 
ford county, for the term of 3 years from' the approval 



[ 



39 

of this Act; and for the term of 5 years thereafter it 
shall only be lawful to fish on Tuesdays, Thursdays 
and Saturdays of each week, and tut 25 fish to be taken 
by any one person in any one day. 

, Ch. 287, P. L., 1901, provides: That it shall be 
unlawful for any person to kill any black bass taken 
from any of the following named waters, situated in 
Oxford county, which do not measure 12 inches in 
length, from tip of nose to tip of tail, and that it shall 
also be unlawful for any person to kill or cause to be 
killed more than 10 black bass in all taken in any one 
day from said lake, namely Keoka lake, Oxford county. 

PENOBSCOT COUNTY. 

Ice Fishing. Ch. 42, Sec. 5, P. L. 1899. 

It shall be unlawful to fish through the ice in Dexter 
pond in Dexter, or in its tributaries at any time. 

It is lawful to fish in all other lakes and ponds in 
this county through the ice, as provided in the general 
law. 

Ch. 453 of P. & S. L. 1901, provides: Drift nets, of a 
mesh not less than 2^/0 inches square, may be used by 
inhabitants of this state, from 6 o'clock in the afternoon 
of Wednesday to 6 o'clock in the afternoon of Saturday 
of each week, during open season, in fishing for and 
taking salmon in the Penobscot river from the Water 
Works' dam at Bangor to the mouth of Seboeis river, so 
called, on the east branch of said Penobscot, provided, 
however, that no salmon shall be so taken between said 
points in said river except for the purpose of consump- 
tion in the homes of the inhabitants so taking, and that 
no drift net shall be used within 300 yards of any dam 
or mill race on said river. 

Sec. 2, ch. 191, P. & S. L. 1899. If in the judgment 
of the Commissioners of inland fisheries and game, the 
privileges granted by section one are abused, misused or 
are detrimental to the proper propagation of the salmon 
fisheries on any part of the Penobscot river, said com- 



40 

missioners shall have power and are hereby authorized 
to suspend the operation of this act. 



PISCATAQUIS COUNTY. 

It shall be lawful to fish through the ice as provided 
in the general law (see page 26), in the following named 
lakes and ponds, namely : Seboeis lake. Boyd lake, 
Cedar lake, Ebeeme ponds, Schoodic lake. North and 
South Twin lakes. Pamadumcook lake, Ambajejus lake, 
Debsconeag lake. Nahmakanta lake, Chesuncook lake, 
Sebec lake. First Buttermilk pond. Big Benson pond, 
Big Hoston pond, Center pond in Sangerville, Moose- 
head lake. Jo Mary lake. Caribou lake. Lobster lake, 
Chamberlain lake, Telos lake, Webster lake, Eagle lake, 
Allegash lake, Munsungan lake, MiUinockett lake, Cau- 
congomoc lake. Churchill lake. Chemquassabamticook 
lake. Grand lake. Second lake. Ragged lake, Pepper 
pond, and Whetstone pond. Ch. 230. P. & S. L. 1901. 

It shall be lawful to fish through the ice for pickerel 
in Boyd lake in the county of Piscataquis during the 
months of December and January in each year, in addi- 
tion to the time specified in chapter 230 of the P. & S. 
L. of 1901. Ch. 484. P. & S. L. 1901. 

It is unlawful to fish at any time for any kind of 
fish in any of the tributaries to Lake Hebron, or the 
tributaries to Twin Doughty pond in Monson. or the 
tributaries to Ship pond and Bear pond in Elliottsville, 
or in the brook that is the outlet of Garland pond in 
Sebec. or in the tributaries to Lake Onawa, or in the 
tributaries to Sebec lake, or the tributaries to Moose- 
head lake, except Moose river, ch. 42. P. L. 1899. sec. 5. 
(the mouths of these tributaries have been established 
by monuments by the commissioners), or in any of the 
streams flowing into Ship pond stream in Willimantic 
and Bowerbank plantation, R. & R. Commrs., or in 
Ship Pond stream above Buck's falls ; or in Little 
Huston pond, in Katahdin Iron Works Township, ex- 
cept with artificial flies. Ch. 42, sec. 5, P. L. 1899. 



41 

It shall be unlawful for 3 years to fish for, take, 
catch or kill, in any way or manner, any fish of any kind 
in Lily pond, in the town of Shirley, county of Piscata- 
quis. Ch. 251, P. & S. 1901. 

It is unlawful to take, catch or kill any kind of fish at 
any time in Davis stream, in Willimantic, jMonson pond 
stream which is a tributary to Davis stream, Vaughan 
stream which is a tributary to Long pond stream. Ch. 
230, P. & S. L. 1901. 

There shall be an annual open season for fishing in 
Wilson river, in Piscataquis county, between Wilson 
pond and Toby falls in the town of Willimantic by any 
of the methods prescribed by law, from May 15th 10 
October ist. Ch. 229, P. & S. L. 1901. 

There shall be an annual close time on the Lower 
Wilson pond, the Upper Wilson pond. Prong pond and 
Horseshoe pond, being the upper waters of Wilson 
stream in Piscataquis county, and all the tributaries of 
the aforesaid ponds from October first to July first of 
each year, for 5 years from the passage of this Act. 
Ch. 368, P. & S. L. 1901. 

SOMERSET COUNTY. 

Ch. 379, P. & S. L., 1901. 

It is lawful to fish through the ice as provided in the 
general law, (see page 26). in the following named lakes 
and ponds, namely : Moosehead lake, Ellis, Round and 
Ten- thousand-acre-ponds in T. No. i in the 6th Range, 
W. of the Kennebec river of the Bingham's Kennebec 
Purchase, and known as the Ten-thousand-acre town- 
ship, Rowell pond in Solon, Smith pond in Cornville, 
Pickerel pond in Flagstaff, Oilman pond in Lexington. 
Pierce pond in township No. 2, Range 4, Sibley pond in 
Canaan. Morrill pond in Hartland, Fahi and Sandy 
ponds in Embden, Wyman and Weeks' ponds in 
Brighton, Moose, Mud, Starbird and Stafford ponds in 
Hartland, Indian pond in St. Albans, White and Doug- 
lass ponds in Palmyra, Hancock pond in Embden, 



42 

Gammon pond situated partly in Franklin and partly in 
Somerset county. 

Ch. 42, sec. 5, P. L., 1899. It is unlawful to fish for 
any kind of fish at any time in Parlin or Lang streams, 
or in their tributaries, or in the tributaries to Parlin or 
Lang pond, or in the tributaries to Lake George, or in 
Barret brook and its tributaries in Holeb, or in Beaver 
brook, in Holeb, or in the brooks forming the outlet of 
Fish pond and Little Fish pond and of Little Gulf 
stream and Big Gulf stream, or in Wood stream, above 
its entrance into Big wood pond, or in the tributaries 
of Hayden lake, in Madison, or in the tributaries of 
Great Embden pond, or Moose pond in Hartland and 
Harmony, or in West outlet of Moosehead lake. Also 
so much of Tuttle brook in Athens as lies between its 
junction with Corson stream, so called, and the north- 
erly line of the Poor Farm where it crosses Tuttle 
brook. R. & R. of Commrs. 

It is unalwful for a person to take, catch or kill in 
one day, more than 40 trout in Butler pond, in Lexing- 
ton and Kingfield, and in the tributaries of Gilman pond 
in New Portland and Lexington, and the tributaries to 
Sandy stream, in Carrying Place, Highland and Lex- 
ington. R. & R. Commrs. 

Ch. 379, sec. 2, P. & S. L. 1901. ]\Iosquito stream, an 
inlet of Moxie pond in The Forks plantation, and East 
Moxie and Bald Mountain townships, in Somerset 
county, is hereby closed to all fishing for any kind of 
fish at any time to low water mark in said Moxie pond. 
Ch. 379, sec. 3, P. & S. L. 1901. It shall be lawful 
to fish in the inlets of Rowell pond in Solon and Smith 
pond m Cornville, as provided in the general law for 
fishing. 

Ch. 379, sec. 4. P. & S. L. 1901. It shall be unlawful 
to fish for, catch, take or kill any kind of fish at any 
time in IMisery stream, an inlet of Brassua lake, in 
Somerset county. 

Ch. 379. sec. 5, P. & S. L., 1901. Main stream, so 
called, a tributary to Moose pond in Somerset county, 



43 

is hereby opened to fishing under the general law relat- 
ing to fishing in 'the inland waters of the state. (See 
also Ch. 452, P. & S. L., 1901). 

Ch. 287, P. L., 1901, provides: That it shall be 
unlawful for any person to kill or cause to be killed any 
black bass taken from Snow pond or Messalonskee lake^ 
Long pond, Great pond or Belgrade lake, North pond. 
East pond, AlcGrath and Ellis pond or Richardson lake, 
situated partly in Kennebec and partly in Somerset 
county, or any of the streams flowing into or out of any 
of said lakes or ponds or connecting the same, which 
do not measure 12 inches in length, from tip of nose to 
tip of tail ; it shall also be unlawful for any person to 
kill or cause to be killed more than 10 black bass in all 
taken in any one day from any of said lakes. 

WALDO COUNTY. 

No lakes closed to ice fishing. 

Ch. 316 of P. & S. L. of 1901 provides : It shall be 
unlawful for a term of 3 years to fish for, take, catch 
or kill any kind of fish, at any time, in the stream 
known as Sandy stream or any of its tributaries, or in 
any of the tributaries of Unity pond, situated in the 
town of LTnity. except that eels or suckers may be 
taken in their season. 

WASHINGTON COUNTY. 

There are no lakes closed to ice fishing in this county. 

The law closing Lambert lake to ice fishing was 
repealed by ch. 236. of P. & S. L. 1901. 

The tributaries to Lambert lake are closed to fishing 
by ch. 42, sec. 5, P. L. 1899. 

The tributaries to no other lake are closed in this 
county, except the following law relative to Grand lake 
stream : 

Ch. 270, P. & S. L.. 1901, provides: There shall be an 
annual close time on land-locked salmon, trout and 
togue in Grand lake stream, the outlet of Grand lake. 



44 

Washington county, and for so much of Grand lake as 
is 100 yards above the dam at the outlet, from the first 
day of October to the first day of June. 

Sec. 2. It shall be unlawful during open season on 
said stream and lOO yards above the dam at the outlet 
of said lake, to fish for, take, catch or kill any fish by 
any other method than by the ordinary way of angling 
with rod and artificial flies ; and from said dam to a 
point 100 yards below said dam on said stream it shall 
be unlawful to fish for any kind of fish at any time. 

Ch. 401, P. & S. L., 1901, provides: Sec. i. No person 
shall be allowed to take any salmon, alewives or smelts 
in Pleasant river, Washington county, within 500 yarBs 
of any dam or fishway except by hook and line or hand 
dip net. 

Sec. 2. No smelts shall be taken or fished for except 
by hook and line between the 20Lh day of May and the 
1st day of October. 

Sec. 3. No salmon, alewives or smelts shall be fished 
for or taken within 50 feet of any dam or fishway. 

Sec. 5. The penalty for the violation of any section 
of this Act shall be not less than ten nor more than 
thirty dollars and may be recovered by action of debt, 
one-half to the use of the county, the other half to the 
use of the person who shall sue therefor. 

YORK COUNTY. 

Ice fishing is prohibited in the following named lakes 
and ponds : Bonneg Beg, situated partly in North Ber- 
wick and partly in Sanford ; "L" pond, situated partly 
in Sanford and partly in Wells. Ch. 447, P. & S. L. 
1901. Messabesic. called Shaker. Middle Branch, and 
Littlefield ponds. P. L. 1899. ch. 42. sec. 5. 

Bunganeaut pond in Alfred and Lyman, close time 
from October ist to May ist. Ch. 237. P. & S. L. 1901. 
Penalty $10. and $1 for each fish. 

The tributaries to Bonneg Beg pond are closed to all 
fishing. Ch. 42, sec. 5, P. L. 1899. 




HOUSE BOAT— CONVENIENT DEVICE FOR FISHING. 



[ 



45 

BLUE BACK ^TROUT PROTECTED AT ALL 
TIMES. 

Ch. 42, sec. 5, P. L. 1899, provides that it is unlawful 
to fish for, take, catch, or kill any blue back trout in 
any of the Avaters of the State at any time. , 

PENALTY FOR VIOLATION OF FISH LAWS. 

The penalty for violation of any of the provisions of 
the fish laws mentioned above is not less than ten nor 
more than thirty dollars for each offense, and an addi- 
tional fine of one dollar for each fish taken, caught or 
killed in violation of the law, except in cases where the 
penalty is otherwise mentioned. 

WHAT ARE TRIBUTARIES? 

(Note). Much inquiry is made as to iust what are 
considered to be the tributaries to a lake or pond. The 
answer is : One lake or pond is not a tributary to 
another lake or pond, within the meaning of the law. 
"Tributary," taken in its ordinary meaning, means 
"paying tribute to" — "serving to increase" — in geog- 
raphy, "a stream which contributes to another body 
of water," — "a branch or affluent," — from which it fol- 
lows that the tributaries to a lake or pond are all of its 
contributary streams, but not another lake or pcnd. 

PROHIBITED DEVICES IN FISHING. 

Ch. 42, P. L. 1899. Sect. 6. Whoever fishes for, takes, 
catches, kills, or destroys any fish, with fish spawn or 
grapnel, spear, trawl, weir, seine, trap, or set lines, 
except when fishing through the ice, and then with not 
more than five set lines in the day time, or with any 
device, or in any other way than by the ordinary mode 
of angling with single baited hooks and lines, artificial 
flies, artificial minnows, artificial insects, spoon hooks 
and spinners, so called, shall be fined not less than ten 
nor more than thirty dollars for each offense ; and when 



46 

such prohibited implements or devices are found in use 
or possession, they are forfeit and contraband, and any 
person finding them in use, may destroy them. 

(Note. — It is lawful to use a dip or landing net lo 
land your fish after you have caught it). 

MAY TAKE MINNOWS AND OTHER BAIT 
FISH FOR ONE'S OWN USE. 

Ch. 42, sec. 6, P. L. 1899. It shall be lawful to take 
minnows and other bait fish, commonly used for live 
bait, for own's own use in fishing, in any of the closed 
streams in this State, and to take smelts for consump- 
tion of the family of the person taking them. 

I 
UNLAWFUL TO CATCH OR TRANSPORT 

MORE THAN TWENTY-FIVE POUNDS OF 

FISH AT ONE TIME. 

Sec. 7, ch. 42, P. L. 1899. No person shall transport 
more than twenty-five pounds of land-locked salmon, 
trout, togue, or white perch, in all, at any one time ; 
nor shall any such be transported except in the posses- 
sion of the owner thereof, plainly labelled thereon with 
the owner's name and residence, except as is provided 
in section 26 of this chapter ; nor shall any corporation 
transport more than twenty-five pounds in all, of said 
fish, at one time, as the property of any one person ; nor 
shall any person take, catch, kill, or have in possession 
in any one day more than twenty-five pounds in all, of 
the above named fish. Whoever violates any of the 
provisions of this section shall be punished by a fine of 
fifty dollars for each offense and one dollar for every 
pound of fish so taken or being transported, in excess 
of twenty-five pounds ; and all such fish being so trans- 
ported or taken in violation of this section may be 
seized and shall be forfeited to the State. Whoever 
has in his possesssion more than twenty-five pounds in 
all, of said fish, shall be deemed to have taken them m 
violation of this section ; provided, however, that the 



47 



taking of one fiSh additional having less than twenty- 
five pounds, or less than twenty" pounds when fishing 
through the ice. shall not be regarded as a violation of 
'the law. 

AN ACT RELATING TO FISHING FOR TOGUE 
THROUGH THE ICE. 

Ch. 146, P. L. 1901. Sec. I. It shall be lawful for 
inhabitants of this state when fishing through the ice 
in the day time, during the months of February, March 
and April as now provided by law, to take, catch and 
have in possession 40 pounds of togue instead of 20 
pounds as now provided by law. 

LENGTH OF SALMON AND TROUT THAT 
MAY BE TAKEN. 

Ch. 42, P. L. 1899. Sec. 46. Whoever kills or destroys 
any sea salmon or land-locked salmon less than nine 
inches in length, or any trout less than five inches in 
length, forfeits five dollars for the offense and fifty 
cents for every land-locked salmon or trout so killed or 
destroyed. Whoever has in possession any salmon or 
trout of less than the above dimensions shall be deemed 
to have taken it in violation of this section. 

PROTECTION OF SCREENS. 

Ch. 289, P. L. 1901. Whoever shall take up, destroy 
or injure any screen erected at the outlet of any lake or 
pond by authority of the Commissioners of Inland 
Fisheries and Game, shall be punished by a fine not 
exceeding fifty dollars. 

DYNAMITE AND OTHER EXPLOSIVES PRO- 
HIBITED. 

Ch. 42, P. L. 1899, sec. 8. No person shall use dyna- 
mite or other explosives or any poisonous or stupyfying 
substance whatever, for the purpose of destroying or 



48 

taking fish, under a penalty of one hundred dollars and, 
in addition thereto, two months' imprisonment in the 
county jail for each offense. 

I 

INTRODUCTION OF CERTAIN BIRDS, FISH 
AND ANIMALS PROHIBITED. 

Sec. 4, ch. 222, P. L. 1901. Whoever introduces fish 
of any kind into any of the waters of the state by means 
of live fish or otherwise, or whoever introduces wild 
birds or wild animals of any kind or species, into the 
state except upon written permission of the commis- 
sioners of inland fisheries and game, shall forfeit not 
less than fifty dollars nor more than five hundred dol- 
lars. 

POSSESSION OF JACK LIGHTS, SPEARS, 
TRAWLS. NETS, ILLEGAL WHEN. • 

Sec. 4, ch. 222, P. L. 1901. The having in possession 
of any jack light, spear, trawl, or net, other than a dip 
net, in any camp, lodge, or place of resort for hunters 
or fishermen, in the inland territory of the state, shall 
be prima facie evidence that the same are kept for 
unlawful use ; and they may be seized by any officer 
authorized to enforce the inland fish and game laws. 
Whoever is convicted of having any of the above named 
implements in his possession unlawfully as aforesaid, 
shall be fined fifty dollars and costs of prosecution. 

EELS, SUCKERS. WHITE FISH AND CUSK. 

Sec. 6, ch. 222, P. L. 1901. In closed waters where 
eels, suckers, cusk and white fish abound, the commis- 
sioners may grant permits to take the same and dispose 
of them for food purposes ; and where an exclusive 
right is granted to take eels in any river or stream or 
part thereof, they may grant such permit upon such 
terms as they deem reasonable, and such permits shall 
expire with the calendar year ; and it shall be lawful to 
take suckers with spears or hook and line in any closed 



49 

tributaries from the time the ice goes out in the spring 
until June first. 

TOWNS MAY AID IN PROPAGATION AND 
PROTECTION OF FISH. 

1899, ch. 42, sec. 57. Cities, towns and plantations 
are authorized to raise annually, by a two-thirds vote 
at their annual meeting, a sum not exceeding five hun- 
dred dollars, to be expended by the municipal officers 
thereof or by a commissioner elected by the cities, 
towns or plantations for the propagation and protection 
of fish in public waters located wholly or partially 
within their respective limits. A report of the expendi- 
tures thereof shall be made at the next annual meeting 
by the officer or officers authorized to expend such 
appropriation. 

PROTECTION OF SHEEP. 

Damages To, by Wild Animals. How Recovered. 

Ch. 178, P. L. 1901. Sec. I. When any person, resi- 
dent of this state, shall sustain any damage to his 
sheep, lambs or other domestic animals, by reason of 
their being killed or injured by wild animals he shall 
give information thereof to the mayor of the city, or to 
one of the municipal officers of the town or plantation 
where such damage was done within twenty-four hours 
after he has knowledge of the same, and thereupon said 
mayor or municipal officers shall estimate the amount 
of such damage, and all such damage proved to the 
satisfaction of the above officers to have been committed 
by wild animals, and within the limit of their city, 
town or plantation, shall be paid by such officers out of 
the treasury of their city, town or plantation. 

Sec. 2. When any city, town or plantation shall have 
paid damages to the owners of sheep, lambs or other 
domestic animals under section one of this chapter, the 
mayor of such city, or the municipal officers of such 
town or plantation, shall make a statement of facts in 



50 

the case, together with the amount of damage so paid, 
and shall transmit the same to the state treasurer, who 
shall reimburse such city, town or plantation to the 
amount of such, damage from the general fund received 
by the state under section three, chapter two hundred 
and eighty-seven of the public laws of eighteen hundred 
and ninety-three. 

WARDENS — THEIR APPOINTMENT AND 
DUTIES. 

Ch. 42, P. L. 1899. Sec. 47. The governor, with the 
advice and consent of the council, upon the recom- 
mendation of the commissioners of inland fisheries and 
game, may appoint suitable persons as fish and game 
wardens, who shall hold office for a term of three years 
unless sooner removed, and who shall enforce all laws 
relating to inland game and fisheries, and all rules and 
regulations in relation thereto, arrest all violators 
thereof, and prosecute all offenses against the same; 
said wardens shall have the same power to serve crim- 
inal processes against such offenders, and shall be 
allowed the same fees, as sheriffs, for like services, and 
they shall have the same right as sheriffs to require aid 
in executing the duties of their office. They shall, 
before being qualified to discharge the duties required 
by this act, give bond to the treasurer of the State with 
two good and sufficient sureties in the penal sum of 
two thousand dollars approved by the commissioners 
of inland fisheries and game, conditioned for the faith- 
ful performance of the duties of their office. Inland 
fish and game wardens may serve all processes pertain- 
ing to the collection of penalties for violation of the 
inland fish and game laws ; fish wardens may be 
appointed inland fish and game wardens and need not 
give additional bond. 

SHERIFFS, GAME WARDEN. 

Ch. 42, P. L. 1899. Sec. 48. Sheriffs, deputy sheriff's, 
police officers and constables, are vested with the powers 



51 

of inland fish and game wardens and their deputies, 
and shall receive for their services the same fees. 

FISH AND GAME WARDENS, FIRE WARDENS. 

P. L. 1891, ch. 108. Fish and game wardens are 
hereby made state fire wardens, and it shalLbe their 
duty while in and about the woods, to caution all 
sportsmen of the danger from fires in the woods, and to 
extinguish all fires left burning by any one, if within 
their power ; and to give notice to any and all parties 
interested when possible, of fires raging and beyond 
their control, to the end that the same may be controlled 
and extinguished. 

PENALTY FOR FALSELY ASSUMING TO BE 
A WARDEN OR COMMISSIONER. 

Ch. 144, P. L. 1901. Whoever falsely assumes to be 
a justice of the peace, sheriff, deputy sheriff', coroner, 
or constable, or inland fish and game warden, or a 
commissioner of inland fisheries and game, and to act 
as such, or to require any one to aid him in a matter 
pertaining to the duty of such office, shall be punished 
by imprisonment for not less than one year, or by fine 
not exceeding four hundred dollars. 

SEARCH AND SEIZURE OF GAME. 

Ch. 42, P. L. 1899. Sec. 49. The commissioners and 
every warden throughout the State and every sheriff 
and constable in his respective county are authorized 
and required to enforce the provisions of this chapter, 
and to seize any game or fish or game birds taken or 
held in violation of this chapter ; and every such officer 
shall have full power and authority, and it shall be his 
duty with or without a warrant, to arrest any person 
whom he has reason to believe guilty of a violation 
thereof, and, with or without a warrant, to open, enter, 
and examine all camps, wagons, cars, stages, tents, 
packs, stores, warehouses, store-houses, out-houses, 
stables, barns, and other places, and to examine all 



52 



boxes, barrels, and packages where he has reason to 
believe any game or fish taken or held in violation of 
this act, is to be found, and to seize the same; provided, 
however, that a dwelling house actually occupied can 
be entered for examination, only in pursuance ot a war- 
rant, or to make an arrest. 

PENALTIES— HOW RECOVERED. 

Ch. 42, P. L. 1899. Sec. 50. Any officer authorized 
to enforce the inland fish and game laws may recover 
the penalties for the violation thereof in an action on 
the case in his own name, the venue to be as in other 
civil actions, or by complaint or indictment in the name 
of the State ; and such prosecution may be commenced 
in the county in which the offense was committed, or 
in any adjoining county, and the plaintiff prevailing 
shall recover full costs without regard to the amount 
recovered. 

OFFICERS MAY ARREST WITHOUT WAR- 
RANT. 

Ch. 42, P. L. 1899. Sec. 51. Any officer authorized 
to enforce the inland fish and game laws may, without 
process, arrest any violator of any of said laws, and 
shall with reasonable diligence, cause him to be laken 
before any trial justice or any municipal or police court, 
in the county where the offense was committed, or in 
any adjoining county, for a warrant and trial. Juris- 
diction in such cases is hereby granted to all trial 
justices and all. other courts to be exercised in the same 
manner as if the offense had been committed in that 
county ; and any officer who shall maliciously, or with- 
out probable cause, abuse his power in such proceedings 
shall be liable upon complaint or indictment, to a fine 
not exceeding one hundred dollars, or imprisonment not 
exceeding three months. 



53 

JURISDICTION OF COURTS. 

Ch, 42, P. L. 1899, Sec. 52. In all prosecutions under 
this chapter and the amendments and additions thereto, 
municipal and police judges and trial justices within 
their counties have, by complaint, original and concur- 
rent jurisdiction with the supreme judicial and superior 
courts. 

DISPOSITION OF FINES AND PENALTIES. 

Ch. 42, P. L. 1899, Sec. 53. Any officer or other person 
who shall receive any fine or penalty, or any part 
thereof, for the violation of any fish or game law, ana 
shall neglect for more than thirty days to pay the same 
into the State treasury, he shall be punished by a fine 
of not less than fifty, nor more than one hundred dol- 
lars ; all fines and penalties recovered, or money paid, 
tmder any of the provisions of this chapter and the 
amendments and additions thereto, shall by the person 
receiving the same, be paid forthwith to the treasurer 
of the State, after de^^ncting legal taxable costs; and 
such money so received by said treasurer shall be 
expended by the commissioners of inland fisheries and 
game for the protection of the fish and game of the 
State. 

SERVICE ON CORPORATIONS, HOW MADE. 

Ch. 42, P. L. iSgg. Sec. 54. In case of a violation of any 
of the provisions of this chapter by a corporation, the 
warrant of arrest may be served by an attested copy 
served on the president, secretary, or manager in this 
State, or any general agent thereof in the county where 
the action is pending, and upon return of such warrant 
so served, the corporation shall be deemed in court and 
subject to the jurisdiction thereof, and any fine imposed 
may be collected by execution against the property of 
such corporation ; but this section shall not be deemed 
to exempt any agent or employe from prosecution. 



I 



54 



PENALTY FOR DISHONEST LICENSEE. 

P. L. 1899, Ch. 42, Sec. 55. If the holder of any 
license, certificate, or permit, issued in conformity with 
any of the provisions of this chapter, shall persistently 
or flagrantly and knowingly violate or countenance the 
violation of any of the provisions of this chapter, such 
license certificate or permit may be revoked by the 
commissioners, after due notice given of the alleged 
violation, and an opportunity afforded to appear and 
show cause against the same. 

DUTY OF COUNTY ATTORNEYS. 
Ch. 42, P. L. 1899. Sec 56. It shall be the duty of 
each county attorney to prosecute all violations of this 
chapter occurring within his county, when such cases 
may come to his knowledge, or when he may be so 
requested by the commissioners or any officer charged 
with its enforcement, the same at all times to be subject 
to the supervision and control of the commissioners. 

PARTICIPANTS IN VIOLATION OF GAME 
LAWS COMPELLED TO TESTIFY. 
In any prosecution under this chapter, any participant 
in a violation thereof, when so requested by the county 
attorney, commissioners, or other officer instituting the 
prosecution, may be compelled to testify as a witness 
against any other person charged with violating the 
same, but his evidence so given shall not be used 
against himself in any prosecution for such violation. 

DUTY OF JUSTICES OF THE PEACE AND 
CLERKS OF COURTS. 
It shall be the duty of every justice of the peace and 
clerk of the court before whom any prosecution under 
this act is commenced, or shall go on appeal, within 
twenty days after the trial or dismissal thereof, to 
report in writing the result thereof and the amount of 
fines collected, if any, and the disposition thereof to the 
commissioners, at Augusta. 



55 

DUTY TO WARDENS TO MAKE REPORTS. 

In all cases, the officer making the seizure or sale 
of fish. game, or birds, shall within ten days thereafter, 
report all the particulars thereof and an itemized state- 
'ment of the proceeds, expenses, and fees, and the dis- 
position thereof to the commissioners, at Augus1:a. 

Every warden shall, in the month of December of 
each year, and at such other times as the commissioners 
may require, report to the commissioners all violations 
of, and prosecutions under this act, occurring in his 
district, together with such further information as the 
commissioners may require. The failure of any person 
or officer to perform any act, duty, or obligation 
enjoined upon him by this act, shall be deemed a viola- 
tion thereof. 

LICENSES. 

GUIDES, SPORTING CAMP PROPRIETORS 
AND THOSE WHO ENGAGE IN THE BUSI- 
NESS OF HUNTING FUR BEARING ANI- 
MALS MUST BE LICENSED. 

Sec. 29, ch. 42, P. L. of 1899, as amended by ch. 186 
of P. L. 1901. No person shall build, occupy, main- 
tain or keep a sporting camp, lodge or place of 
resort for inland hunting or fishing parties in any place, 
nor engage in the business of hunting or trapping any 
of the fur bearing animals of the state in any of the 
unorganized townships or wild lands of the state with- 
out first procuring a license therefor from the com- 
missioners of inland fisheries and game, and paying a fee 
therefor of five dollars ; and he shall make such report 
to the commissioners as may be called for ; but a 
license to build, occupy, maintain or keep such sport- 
ing camp, lodge or place of resort shall not be granted 
unless the person applying for the same files with his 
application therefor, the written consent of the owner 
or owners of the land or his or their agent upon which 
such camp, lodge or place of resort is or may be 



56 

located ; and such licensed persons may purchase for 
consumption in their sporting camps, lodges or places 
of resort deer lawfully killed, but they shall keep a 
record of all such purchases, of whom purchased and i 
the date of the purchase, and on December fifteenth of 
•each year shall make written report thereof to the com- 
missioners under oath ; whoever violates any of ihe 
provisions of this section shall be fined one hundred 
dollars and costs for each ofifense ; the commissioners, 
however, may refuse to issue a license or licenses \o 
such person or persons as they deem unsuitable. 

LICENSING OF GUIDES. 

Ch. 42, P. L. 1899, Sec. 30. No person shall engage 
in the business of guiding, either for inland fishing or 
forest hunting, until he has caused his name, age, and 
residence to be recorded in a book kept for that pur- 
pose by the commissioners of inland fisheries and game, 
and has procured a certificate from said commissioners, 
setting forth in substance that he is deemed suitable to 
act as a guide, either for inland fishing or forest hunt- 
ing, or both, as the case may be, under a penalty of 
fifty dollars and costs of prosecution for each offense. 
Each registered guide shall, from time to time, as often 
as requested by the commissioners, forward, on blanks 
furnished him by the commissioners, a statement of the 
number of persons he has guided in inland fishing and 
forest hunting during the time called for in said state- 
ment, the number of days he has been employed as a 
guide, and such other useful information relative to 
inland fish and game, forest fires, and the preservation 
of the forests in the localities where he has guided, as 
the commissioners may deem of importance to the 
State, under a penalty of fifty dollars for unreasonably 
or wilfully refusing to comply with these requirements. 

Sec. 31. Such registration as is provided for in this 
chapter shall be as follows : the applicant shall apply 
in writing or personally to the commissioners for regis- 
tration, or to some person designated by the commis- 



57 

sioners, setting forth in his application whether he 
desires to be registered as a general or local guide ; and 
the commissioners shall, as soon thereafter as may be, 
register such person as a guide in such class as they 
shall deem proper, after such investigation as they 
shall deem proper ; but said commissioners may refuse 
to register any applicant whom they deem unfit to be a 
guide, and may, for cause shown, after due notice and 
hearing, cancel any registration by them made, and may 
advance anyone from the local class to the general 
class, whenever they shall deem such person qualified 
to be a general guide. Whenever a guide registered, 
as provided in this chapter, is convicted of any violation 
of any of the inland fish and game laws, the commis- 
sioners shall, at their discretion, cancel his certificate 
of registration and strike his name from the list of 
registered guides; but such person may thereafter be 
registered again at the discretion of the commissioners. 
Any certificate cancelled by virtue of this chapter shall 
be immediately returned to the commissioners, under a 
penalty of fifty dollars for refusal or neglect to comply 
with this requirement. A fee of one dollar shall be 
paid annually for the registration as herein provided. 
No person shall receive a certificate as a general guide 
unless he be at least twenty years of age, of good 
repute, and friendly to the inland fish and game laws, 
and will discountenance in all proper ways all violations 
thereof. He shall be thoroughly competent to traverse 
the hunting grounds of the State in which he is licensed 
to guide, and shall be skilled in the use, management, 
and handling of such boats or canoes, on lake, pond, or 
river, as are used in the territory in which he is author- 
ized to guide, and shall be a safe person under all cir- 
cumstances to be a guide for inland fishing and forest 
hunting parties. A person may receive a certificate as 
a local guide who does not, in the judgment of the 
commissioners, possess all the necessary qualifications 
of a general guide, yet is deemed suitable to act as such 
under certain conditions ; and guides may be restricted 



I 



58 

in the territory in which they are permitted to guide. 
Every non-resident registered as a guide shall pay a 
fee of twenty dollars ; the commissioners may at their 
discretion refuse to issue any certificates of registration 
after October twentieth of each year, and every certifi- 
cate issued shall expire with the calendar year. An 
official badge for guides may be prepared by the com- 
missioners. 

Guide law declared to be constitutional. State vs. 
Snowman. '"94 Maine Reports, page 99. 

MARKETMEN AND PROVISION DEALERS. 

Ch. 42, P. L. 1899. Sec. 2.']. Any marketman or pro- 
vision dealer, having an established place of business in 
this State, may purchase and have in his possession at 
his said place of business not more than three deer, 
lawfull}^ killed or destroyed, or any part thereof, at one 
time, and may sell the same at retail to his local cus- 
tomers, provided, however, that said marketman or 
provision dealer, shall have procured a license of the 
commissioners of inland fisheries and game to carry on 
said business of buying and selling deer as aforesaid ; 
and provided further, that said marketman shall record 
in a book kept for that purpose, and open to the inspec- 
tion of inland fish and game wardens and the commis- 
sioners of inland fisheries and game, the name and resi- 
dence of each person of whom he purchases any inland 
fish or game, and the date of such purchase ; and if any 
marketman or provision dealer shall violate the pro- 
visions of this section, he shall be fined five hundred 
dollars for each offense, and be prohibited for five years 
thereafter from the benefits of this section. 

All marketmen or provision dealers licensed as afore- 
said shall pay to the commissioners, in cities and town.s 
of over three thousand inhabitants, five dollars annu- 
ally, and three dollars in all other places ; or instead of 
this fee, the commissioners may, at their discretion, 
issue licenses authorizing the retailing of deer as above 
specified, on payment of fifty cents for each deer 



I 



59 

retailed ; said marketmen and provision dealers iiolding 
these licenses shall annually, on December fifteenth, 
make, sign, and send to the commissioners, under oath, 
a statement setting forth in detail the number of deer 
by them bought, and of whom bought, and the date of 
each purchase, during the time covered by their 
licenses ; and whoever fails to make the report required 
in this section shall be subject to a penalty of one hun- 
dred dollars and costs. 

LICENSES TO BUY AND TAN DEER SKINS. 

Ch. 42, P. L. 1899, Sec. 28. The commissioners may 
annually issue licenses to suitable persons to buy and 
sell, or tan, deer skins lawfully taken. Such persons 
shall keep a record of all deer skins purchased, of 
whom purchased, and the date of purchase, and shall 
report annually to the commissioners. The fee for such 
license shall be five dollars, to be paid to the commis- 
sioners and by them to the State treasurer ; and who- 
ever, licensed as aforesaid, unreasonably and wilfully 
refuses to make such report, shall be punished by a fine 
of one hundred dollars and costs. 

TAXIDERMISTS. 
Ch. 222, P. L. 1901, Sec. 7. The commissioners of 
inland fisheries and game may, upon application, issue 
a license to such persons as taxidermists, who, in their 
judgment, are skilled in that art, of good reputation, 
and friendly to the fish and game laws of the state ; 
and may also issue licenses to suitable persons, whose 
numbers shall not exceed fifteen at one time, to take, 
kill, capture and have in possession any species of birds 
other than domestic and the nests and eggs thereof for 
scientific purposes ; and for such licenses the applicant 
shall pay the sum of five dollars ; but no person thus 
allowed to take or have in possession birds for scientific 
purposes shall sell, offer for sale, or take any compen- 
sation for specimens of birds, nests, or eggs, or dispose 
of the same, by gift or otherwise, to be taken from the 



6o 

state, except for exchange of specimens for scientific 
purposes ; and for any violation of the provisions of this 
section, such persons shall be subject to a fine of not 
less than ten nor more than fifty dollars. This section, 
however, shall not authorize the killing of any birds nor 
the taking of any birds' nests or eggs thereof on Sun- 
day ; and the commissioners may, for cause, revoke any 
license authorized by this section. Taxidermists men- 
tioned in this section may at all times have in their 
possession, at their places of business, fish and game 
lawfully caught or killed in open time for the sole pur- 
pose of preparing for and mounting the same ; and such 
fish and game, or parts thereof, may be transported to 
such licensee and retained by him for the purposes 
aforesaid, under such rules, restrictions and limitations 
as shall, from time to time, be made by said commis- 
sioners and stated in such original license and additions 
made thereto, from time to time, by said commissioners. 
Such licenses may be revoked by said commissioners, 
at any time after notice and an opportunity for a hear- 
ing; such licenses shall be for the term of three years, 
and each person so licensed shall annually, on or before 
December first of each year, make a detailed, written 
report to the commissioners of all they have done dur- 
ing the year by virtue of such license ; and every 
licensee or carrier violating any of the provisions of 
this act, or of the rules, restrictions, or limitations set 
out in said license and additions thereto, shall, on com- 
plaint before any trial justice or municipal or police 
court, be fined not less than twenty dollars nor more 
than fifty dollars. 

COMMISSIONERS OF INLAND FISHERIES 
AND GAME— THEIR APPOINTMENT, POW- 
ERS AND DUTIES. 

Ch. 42, P. L. 1899, Sec. 32. The governor, with the 
advice and consent of the council, shall appoint three 
persons to be commissioners of inland fisheries and 
game, one of whom shall be the land agent of the State 



6i 

and shall hold the office so long as he shall continue to 
be land agent, and shall receive in addition to his salary 
as lajid agent, the annual sum of ^two hundred dollars ; 
the other two commissioners shall hold their office for 
three years, and until their successors are appointed and 
qualified, and shall each receive an annual salary of one 
thousand dollars. Said commissioners shall receive, in 
addition to their salaries, actual traveling expenses, to 
be audited by the governor and council ; they shall be 
provided with an office in the State capitol, with suitable 
furniture, stationery, and other facilities for the tran- 
saction of the business of the department, and they may 
appoint a clerk at a salary not exceeding five hundred 
dollars per annum. 

Sec. 3S. The commissioners of inland fisheries and 
game shall examine dams and all other obstructions 
existing in all rivers and streams, and determine the 
necessity of fish ways, and the location, form and 
capacity thereof; and shall introduce and disseminate 
valuable species of food fish into the inland waters of 
the State, and valuable food birds into the State. They 
shall examine into the workings of the inland fish and 
game laws, see that all violations thereof are duly 
prosecuted, and perform all other duties prescribed by 
law. They shall annually on or before the 31st day of 
December, report to the governor. 

Sec. 34. The commissioners of inland fisheries and 
game shall have authority, upon petition of five or more 
citizens of the State, or w^henever they shall deem it for 
the best interests of the State, after due notice and pub- 
lic hearing in the locality to be affected, to regulate the 
times and places in which and the circumstances under 
which game and inland fish may be taken ; but they can- 
not authorize the taking of game or inland fish at a 
time in which its capture is prohibited by the laws of 
the State, and in all cases where the prayer of the peti- 
tioners is refused, one-half of the expenses of the com- 
missioners shall be paid by the petitioners. Whenever 
they deem it for the best interests of the State, after 



52 

like notice and hearing, they may entirely prohibit the 
taking of any kind of game or inland fish, in any part 
of the State, for a series of years not exceeding four. 
They may adopt and, from time to time, modify or 
repeal such needful rules and regulations, not contrary 
to the laws of the State, as they may deem necessary or 
proper for the protection and preservation of the game 
and inland fish of the State, in conformity with the pro- 
visions of the last two preceding sections. They shall 
file, in the office of the clerks of the cities, towns, and 
plantations in the territory to be affected, a copy of the 
rules and regulations adopted by them, and publish the 
same three weeks successively in a newspaper printed 
in the county, and post on the banks of waters to be 
afifected, as nearby as may be like notices ; and when- 
ever any such rules or regulations apply to any unor- 
ganized township, a like copy shall be filed with the 
clerk of courts for that county and published three 
weeks successively in a newspaper printed in the 
county ; they shall also immediately upon the adoption 
of any rules and regulations contemplated by this act, 
file an attested copy of the same in the office of the 
secretary of State. 

Sec. 35. Whoever fishes for, takes, catches, kills, or 
destroys any inland fish, in any manner or at any time, 
in violation of any of the rules and regulations of the 
commissioners of inland fisheries and game, made and 
promulgated in conformity with the provisions of this 
chapter, shall be punished in the same manner and to 
the same extent as is provided for by law for the illegal 
taking, catching, killing or destroying of any such 
inland fish. 

Sec. 36. Whoever at any time or in any manner 
shall hunt, chase, catch, kill, take, have in possession, 
or destroy any inland game, in violation of any of the 
rules and regulations of the commissioners of inland 
fisheries and game, made and promulgated in conform- 
ity with the provisions of this chapter, shall be punished 
in the same manner and to the same extent as is pro- 



63 

vided for by law for the illegal hunting, chasing, catch- 
ing, killing, taking, having in possession, or destroying 
of any such inland game. 

Sec. Z7- Any person who wilfully mutilates, defaces 
or destroys any notice, rule, or regulation of the com- 
missioners of inland fisheries and game, posted in con- 
formity with the provisions of this act, shall' be pun- 
ished by a tine not exceeding fifty dollars, to be recov- 
ered by complaint or indictment ; and one-half of said 
fine shall be paid to the prosecutor. 
■ Sec. 38. Said commissioners of fisheries and game 
may take fish and game of any kind when, where, and 
in such manner, as they choose, for the purposes of 
science and of cultivation and dissemination, and they 
may grant written permits to other persons to take fish 
and game for the same purposes, and may introduce or 
permit to be introduced, any kind of fish into any 
waters. They may, after a hearing, set apart, for a 
term not exceeding ten years, any waters for the use of 
themselves, or of the United States commissioner of 
fish and fisheries, in the prosecution of the work of fish 
culture and of scientific research relative to fishes. 
The order setting apart such waters shall be recorded 
in the registry of deeds of the county in which they 
are situated. In the waters so set apart, they and the 
United States commissioner of fish and fisheries, and 
persons acting under their authority may, in their res- 
pective fish culture and scientific work, take fish at any 
time or in any manner, and erect and maintain any fix- 
tures necessary for such purposes. No other person 
shall take or kill any fish, or use any implement for 
fishing therein, under a penalty of not less than ten nor 
m.ore than one hundred dollars, and a further penalty 
of one dollar for each fish so taken or killed ; provided, 
however, that before such hearing they shall give notice 
thereof, by publication of their intention for two suc- 
cessive weeks in at least one newspaper printed in the 
county where such waters lie. They are authorized to 
grant permission to take moose, caribou, deer, and birds 



64 

for park purposes in this State, under such rules, regu- 
lations, and conditions as they shall establish. They 
may, under such rules and regulations as they may es- 
tablish, permit the taking of eels and white fish in the 
inland waters of the State. They shall have authority 
to cause the destruction of all mink found in or around 
any fish hatchery or feeding station in this State. They 
may upon petition of ten or more taxpayers, residents 
in the locality, adopt such needful rules and regulations, 
not contrary to the general laws of the State, as may be 
necessary to prevent the interference with, or the de- 
struction of the spawning beds, feeding troughs, or 
artificial ponds of land-locked salmon or trout, or other 
useful fish. The penalty for the wilful violation of any 
of such rules and regulations shall be fifty dollars for 
each offense. The commissioners may at their discre- 
tion, screen the outlet of any pond or lake or authorize 
the same to be done under such conditions as may seem 
to them just. 

FISH WAYS. 

Sec. 39. The owner or occupant of every dam or 
other artificial obstruction in any river or stream fre- 
quented by salmon, shad, alewives, or land-locked salm- 
on, shall provide the same wath a durable and effi- 
cient fishway, of such form and capacity, and in such 
location as may, after notice in writing to one or more 
of said owners or occupants and a hearing thereon, be 
determined by the commissioners of inland fisheries 
and game by written notice to some owner or occupant 
specifying the location, form, and capacity of the re- 
quired fishway, and the time within which it shall be 
built ; and said owner or occupant shall keep said fish- 
way in repair, and open and free from obstruction for 
the passage of fish, during such times as are prescribed 
by law ; provided, however, that in case of disagree- 
ment between said commissioners and the owner or oc- 
cupant of any dam, as to the propriety and safety of the 
plan submitted to the owner or occupant of such dam 



65 

for the location and construction of the fishway, such 
owner or occupant may appeal to the county commis- 
sioners of the county where the dam is located, within 
twenty days after notice of the determination, to the 
commissioners of inland fisheries and game by giving to 
the latter named commissioners notice in writing of 
such appeal within that time, stating therein the reasons 
therefor ; and at the request of the appellant or the 
commissioners of inland fisheries and game the senior 
commissioner in office of any two adjoining counties 
shall be associated with them, who shall appoint a time 
to view the premises and hear the parties and give due 
notice thereof, and after such hearing they shall decide 
the question submitted, and cause record to be made 
thereof, and their decision shall be final as to the plan 
and location appealed from. If the requirements of the 
commissioners of inland fisheries and game are affirmed, 
the appellants shall be liable for the costs arising after 
the appeal, otherwise they shall be paid by the county. 
If a fishway thus required is not completed to the satis- 
faction of the commissioners of inland fisheries and 
game within the time specified, every owner or occu- 
pant shall forfeit not more than one hundred nor less 
than twenty dollars for every day of such neglect be- 
tween the first days of May and November. On the 
completion of a fishway to the satisfaction of the com- 
missioners of inland fisheries and game, or at any sub- 
sequent time, they shall prescribe in writing the time 
during which the same shall be kept open and free from 
obstruction to the passage of fish each year, and a copy 
of such writing shall be served on the owner or occu- 
pant of the dam. The commissioners of inland fish- 
eries and game may change the time as they see fit. 
Unless otherwise provided, fishways shall be kept open 
and unobstructed from the first day of May to the 
fifteenth day of July. The penalty for neglecting to 
comply with this section, or with any regulations made 
in accordance herewith, is not less than twenty nor 



66 

more than one hundred dollars for every day of such 
neglect. 

Sec. 40. Whenever the commissioners of inland 
fisheries and game find a fishway out of repair or need- 
ing alterations, they may, as in the case of new fish- 
ways, require the owner or occupant to make such re- 
pairs or alterations ; and all proceedings in such cases 
and the penalty for neglect shall be as provided in the 
three preceding sections, without appeal. If the dam 
is owned and occupied by more than one person, each 
is liable for the cost of erecting and maintaining such 
fishway, in proportion to his interest in the dam, and 
if any owner or occupant neglects or refuses to join 
with the others in erecting or maintaining such fishway, 
the other owners or occupants shall erect or repair the 
same, and have an action on the case against such delin- 
quent for his share of the expenses. If the owner or 
occupant of such dam resides out of the State, said pen- 
alties may be recovered by a libel against the dam and 
land on which it stands, filed in the supreme judicial 
court in the county where it is located, in the name of 
the commissioners of inland fisheries and game or of 
any fish wardens who shall give to such owner or occu- 
pant, and all persons interested therein, such notice as 
the court or any justice thereof in vacation, orders, and 
the court may render judgment therein, against said 
dam and lands for said penalties and costs, and order 
a sale thereof to satisfy such judgment and costs of sale, 
subject, however, to all said requirements for the erec- 
tion and maintenance or repair of said fishway. The 
commissioners of inland fisheries and game may dele- 
gate to any fish warden or other lawful officer of fish- 
eries any of the powers given to said commissioners in 
relation to the construction of fishways. 



(^7 

AN ACT AUTHORIZING THE EMPLOYMENT 
OF DEPUTY FISH WARDENS BY THE COM- 
MISSIONER'OF sea AND SHORE FISHERIES 
AND BY THE COMMISSIONERS OF INLAND 
FISHERIES AND GAME. 

Ch. 214. P. L. 1901. The commissioner of'sea and 
shore fisheries for his department and the commis- 
sioners of inland fisheries and game for their depart- 
ment may appoint deputy wardens, for whose official 
misconduct and neglect they shall be answerable, and 
said deputy wardens shall be sworn. Their appoint- 
ment and discharge shall be in writing. Such deputy 
wardens shall be subject to all the laws pertaining to 
wardens appointed by the governor and council, and 
have the same powers. And said commissioners may 
revoke such appointment at any time. 

Ch. 42. P. L. 1899, Sec. 41. The following waters and 
their tributaries are exempt from the provisions relat- 
ing to migratory fishes and the supervision of the fish- 
v/ays by the commissioners ; that is to say, Royall river 
in North Yarmouth, Sewall's pond or its outlet in 
Arrowsic, so much of the waters of the Damariscotta 
river as are west of the railroad bridge near Damaris- 
cotta mills, all waters in Vinalhaven, Tremont, Mount 
Desert, Eden, Franklin, and Sullivan, Pleasant river 
in Washington county, East Machias river, and the 
Eastern Penobscot river in Orland. Little river in 
Perry shall be exempt from all the foregoing provisions 
that relate to maintaining fishways in said river, except 
during April, May and June. 

Sec. 42. For the purposes of this chapter, the term 
"salmon" means the common migratory salmon of the 
sea coast and rivers ; the term "land-locked salmon" 
means any of the species or varieties of salmon that do 
not periodically and habitually run to the sea, being the 
same locally known as "salmon trout" and ''black 
spotted trout;" the term "alewife" means the small 
species of migratory fish called "alewife" but known 
also by the local names of "herring" and "gaspereau," 



68 

and also includes the similar species found in tidal 
waters and known as blue-back;" and the term "bass" 
means the striped bass of tidal waters. 

Sec. 43. The provisions of this chapter so far as 
they relate to fish apply to the taking of the same in all 
fresh waters above the flow of the tide and in all tidal 
waters frequented by the various species of fresh water 
and migratory fishes, except to the capture of shad 
and alewives in Denny's river and its tributaries, Pem- 
maquam river and its tributaries, and the Schoodic 
lakes and their tributaries, and to the taking of white 
fish in the Schoodic lakes on the St. Croix river and 
their tributaries, by citizens of the State with set nets, 
during the months of May and November, and convey- 
ing them to their own homes, but not otherwise. This 
chapter does not apply to fish taken in the weirs on 
St. Croix river, and does not repeal the laws relating 
to the St. Croix, Denny's, Pemmaquam, Cobscook, 
East Machias, and Narraguagus rivers. 

ARTIFICIAL CULTURE OF FISH BY PRIVATE 
PERSONS. 

Sec. 44. Any riparian proprietor may, within ihe 
limits of his own premises, inclose the waters of a 
stream not navigable, for the cultivation of useful 
fishes ; provided that he furnishes suitable passages for 
migratory fishes naturally frequenting such waters, and 
does not obstruct the passage of boats and other craft 
and materials, in places where the same have a right to 
pass. Any person legally engaged in the artificial cul- 
ture and maintenance of fishes, may take them in his 
own enclosed waters wherein the same are so cultivated 
and maintained, as and when he pleases, and may at all 
times sell them for cultivation and propagation ; but he 
shall not sell them for food at seasons when the tak- 
ing thereof is prohibited, under a penalty of not less 
than ten nor more than one hundred dollars, and a fur- 
ther penalty of not less than one dollar for each fish 
so sold. Any person engaged in the artificial propaga- 



69 

tion of trout, or fresh and salt water salmon, when the 
parent fish are tgjcen from the public waters in the State, 
shall retain not less than twenty-five per cent of all eggs 
taken, from said parent fish, and shall cause the same lo 
be properly cared for and hatched, and, when hatched 
and in proper condition, to be returned to a pUce suit- 
able for such young fish in the original waters from 
which the parent fish were taken, and shall cause said 
parent fish to be returned to safe locations in such 
waters, under a penalty of not less than fifty nor more 
than five hundred dollars for each offense. But this 
section does not apply to cases in which the parent fish 
are taken in the manner and at the time and place per- 
mitted for the capture of such fish for food ; nor to 
operations in fish culture conducted for public purposes 
by permission of the commissioners of fisheries, who 
may affix such conditions to their permits as they see 
fit, requiring in no case, however, less than twenty-five 
per cent, of the young fish to be returned, as provided 
in this section. 

Sec. 45. No person without permission of the pro- 
prietor, shall fish in that portion of a pond or other 
water in which fish are artificially cultivated or main- 
tained by written permission of the fish commissioners, 
under a penalty of not less than ten nor more than one 
hundred dollars, besides two dollars for each fish so 
taken or killed ; and, in default of payment, such offen- 
der shall be imprisoned at the expense of the prose- 
cutor, until said forfeiture is paid or otherwise dis- 
charged by due process of law. 

THROWING OF SAWDUST, SLABS. AND 
MILL WASTE INTO STREAMS. PRO- 
HIBITED WHERE. 

In Ellis river and its tributaries. P. & S. L. of 1897, 
ch. 555- 

In all of the streams, rivers, or brooks lying wholly 
or in part in the towns of Naples, Casco and Raymond, 
in the county of Cumberland. Ch. 331, P. & S. L. 1901. 



70 

In any of the tributaries to any of the ponds or lakes 
lymg wholly or partly in the towns of Vienna and Mt. 
Vernon. Takes effect Jan. i, 1902. Ch. 459, P. & S. 
L. 1901. 

In McGraw, Ellis. East, North, Great, Long, Little 
and Snow ponds, or any of their tributaries. Ch. 299. 
P. & S. L. 1901. 



CLOSE TIME ON MINK, SABLE, MUSKRAT, 
FISHER AND BEAVER. 

Ch. 42, P. L. 1899, Sec. 15. Whoever, between the 
first day of i\lay and the fifteenth day of October, de- 
stroys any mink, sable, muskrat, or fisher, forfeits ten 
dollars for each animal so destroyed ; excepting, how- 
ever that it shall be lawful to kill muskrats in Lily 
pond in the towns of Rockport and Camden and also 
such muskrats as interfere at any time v>^ith the 
operation and maintenance of any canal, ditch, lawful 
dam., or cranberry bog. Whoever at any time kills or 
destroys any beaver, except upon written permission of 
the commissioners of inland fisheries and game, shall 
be fined one hundred dollars and costs and twenty-five 
dollars additional for each beaver killed or destroyed. 

Ch. 485, P. & S. L. 1901. Sec. I. Henry McKenney 
of Jackman, Somerset County, is hereby permitted to 
fence in the waters of Enchanted Stream in Somerset 
county above the large dam built by him and in said 
enclosure to breed and propagate beaver. The title 
and property in said beaver is to remain in the state 
of Maine for the space of four years from the date of 
the approval of this Act. Said McKenney is, however, 
to procure a lease of the landowners for the above 
named purpose. 

Sec. 2. Any person who shall destroy said fence or 
kill said beaver shall be punished by a fine of not less 
than twenty nor more than fifty dollars for any de- 
struction of said fence or the killing or taking away of 
each beaver. 




HON. CHAS. E. OAK, 
iForest Commissioner, Land Agent, Com- 
missioner of Inland Fisheries and Game. 



71 

PROTECTION OF FORESTS. 

FIRE. 

1885, ch. :^^y, sec. 15. Whoever kindles a fire on 
land not his own, without consent of the owner, forfeits 
ten dollars ; if such fire spreads and damages the prop- 
erty of others, he forfeits not less than ten nor more 
than five hundred dollars, and in either case he shall 
stand committed until fine and costs are paid, or he 
shall be imprisoned not more than three years. 

1891, ch. 100, sec. 3. The selectmen of towns 
shall be, ex-officio, forest fire wardens therein and shall 
divide said towns into three districts, bounded as far 
as may be by roads, streams of water, or lot lines, and 
assign to each of their number the charge and over- 
sight of one district as district fire wardens therein. 
A description of each district and the name of the fire 
warden thereof shall be recorded with the town clerk. 
The services of such selectmen acting as said fire 
wardens, shall be paid for at -the same rate as is paid 
for their official services. It shall be the duty of the 
fire warden of the district in which a fire is discovered 
to take such measures as may be necessary for its con- 
trol or extinction. For this purpose he shall have au- 
thority to call upon any persons in the territory in 
which he acts for assistance, and such person shall 
receive such compensation not exceeding fifteen cents 
per hour as said selectmen may determine, the same 
to be paid by the town. But no town shall be holden 
to pay for extinguishing forest fires in any year an 
amount greater than two per cent upon its valuation 
for purposes of taxation. If any person so ordered to 
assist, and not excused from said service by said forest 
fire warden on account of sickness, disabihty or some 
important business or engagement, shall neglect to 
comply with any such order he shall forfeit the sum 
of ten dollars, to be recovered in an action of debt in 
the name and to the use of the town, by the treasurer 
thereof. 



72 

Sec. 4. County commissioners of each county in 
which there are unorganized places shall annually 
appoint, such number of fire wardens as they deem 
necessary not exceeding ten, for all such unorganized 
places in any county, whose duties and powers shall 
be the same with respect to such unorganized places 
as those of the fire wardens of towns, and they shall 
also have the same authority to call out citizens of 
the county to aid them in extinguishing fires, that 
town fire wardens have to call out citizens of the town. 
The compensation of such fire wardens shall be paid 
by the county, and the compensation of persons called 
upon by them as aforesaid, to render aid, shall be the 
same as that provided in the case of towns and shall 
be paid one-half by the county and one-half by the 
owners of the lands on which said fires occur. 

BEWARE OF LEAVING CAMP FIRES BURN- 
JNG. 

Ch. 100. P. L. 1891. sec. 5, as amended by chap. 251 
of P. L. of 1901. Whoever by himself, or by his 
servant, agent, or guide, or as the servant, agent, or 
guide of any other person, shall build a camp, cook- 
ing, or other fire, or use an abandoned camp, cooking 
or other fire in or adjacent to any woods in this state, 
shall, before leaving such fire, totally extinguish the 
same, and upon failure to do so such person shall be 
deemed guilty of a misdemeanor and upon conviction 
thereof shall be punished by a fine of fifty dollars, pro- 
vided that such fires built upon the sea beach in such 
situation that they cannot spread into forest wood or 
cultivated lands or meadows, shall not be construed as 
prohibited by this act. One-half of any fine imposed 
and collected under this section shall be paid to the 
complainant. 

Sec. 8. It shall be the duty of municipal officers in 
towns, and county commissioners, the latter with 
respect to unorganized places, to proceed immediatelv 



7Z 

to a strict inquiry into the cause and origin of fires, 
within wood lands ; and in all cases where such fires 
are found to have originated from the unlawful act of 
any person, to cause the offender to be pr'osecuted 
without delay. 

Sec. 9. The selectmen of towns in which a forest 
fire of more than one acre in extent has occurred, and 
the county commissioners where a forest fire of more 
than two acres has occurred in any of the unincor- 
porated places in any county, within a year, shall report 
to the forest commissioner the extent of area burned 
over, to the best of their information, together with the 
probable amount of property destroyed, specifying the 
value of timber as near as may be, and amount of cord 
wood, logs, bark or other forest product, fencing, 
bridges and buildings that have been burned. They 
shall also report the cause of these fires if they can be 
ascertained and the measures employed and found most 
effective in checking their progress. Blanks for the 
reports required in this act shall be furnished by said 
forest commissioner at the expense of the State. 

Sec. 10. Every railroad company whose road passes 
through waste or forest lands, shall during each year 
cut and burn off or remove from its right of way all 
grass, brush or other inflammable material, but under 
proper care and at times when fires are not liable to 
spread beyond control. 

Sec. II. All locomotives which shall be run through 
forest lands, shall be provided with approved and effi- 
cient arrangements for preventing the escape of fire and 
sparks. 

Sec. 12. No railroad company shall permit its em- 
ployes to deposit fire, live coals or ashes, upon their 
track in the immediate vicinity of wood lands or land 
liable to be overrun by fires, and where engineers, con- 
ductors or train men discover that fences along the 
right of way or wood lands adjacent to the railroads, 
are burning, or in danger from fires, it shall be their 



74 

duty to report the same at their next stopping place 
which shall be a telegraph station. 

Sec. 14. Any railroad company violating the require- 
ment of this act, shall be liable to a fine of one hundred 
dollars for each offense. 

THE LACEY BILL. 

The Act of Congress, approved May 25, 1900, has 
given new interest to the restrictions imposed by the 
various states for the protection of game. 

This Act supplements existing State laws by pro- 
hibiting the shipment from one state to another of 
game or birds killed in violation of local laws, and by 
subjecting birds and game brought into a state to the 
same restrictions as those prescribed for game and 
birds produced within that state. 

This law is regarded as one of the most important 
ones yet enacted in the interests of game and bird pro- 
tection. 

This federal game law. it can readily be seen, is 
additional protection to existing State game laws. 
With good laws well executed, the craft of law evader 
falls into disrepute. This federal game law will prove 
an additional check to violators of the State game 
laws. 

The violator of the law has heretofore not had much 
to fear, if the game was once got out of the State, con- 
sequently State game laws have not been sufficiently 
far reaching. 

I submit herewith sections 3, 4 and 5 of the Act 
above referred to for the information of shippers, deal- 
ers and others : 



75 



'•AN ACT TO ENLARGE THE POWERS OF 
, THE DEPARTMENT OF AGRICULTURE, 
PROHIBrr THE TRANSPORTATIO;^ BY 
INTERSTATE COMMERCE OF GAME KILLED 
IN VIOLATION OF LOCAL LAWS, AND FOR 
OTHER PURPOSES. 

Sec. 3. It shall be unlawful for any person or per- 
sons to deliver to any common carrier, or for any com- 
mon carrier to transport from one state or territory 
to another state or territory, or from any state or terri- 
tory to the District of Columbia or Alaska, any foreign 
animals or birds the importation of which is prohibited, 
or the dead bodies or parts thereof of any wild animals 
or birds, where such animals or birds have been killed 
in violation of the laws of the state, territory or dis- 
trict in which the same were killed : Provided, that 
nothing herein shall prevent the transportation of any 
dead birds or animals during the season when the same 
may be lawfully captured, and the export of which is 
not prohibited by law in the state, territory or district 
in which the same are killed. 

Sec. 4. That all packages containing such dead ani- 
mals, birds or parts thereof, when shipped by interstate 
commerce, as provided in section one of this act, shall 
be plainly and clearly marked, so that the name and 
address of the shipper and the nature of the contents 
may be readily ascertained on inspection of the outside 
of such packages. For each evasion or violation of 
this act the shipper shall, upon conviction, pay a fine 
not exceeding two hundred dollars ; and the consignee 
knowingly receiving such articles so shipped and trans- 
ported in violation of this act shall, upon conviction, 
pay a fine not exceeding two hundred dollars ; and the 
carrier knowingly carrying or transporting the same 
shall, upon conviction, pay a fine of not exceeding two 
hundred dollars. 

Sec. 5. That all dead bodies, or parts thereof, of 
any foreign game animals, or game or song birds, the 



76 



importation of which is prohibited, or the dead bodies 
or parts thereof, of any wild game animals, or game or 
song birds transported into any state or territory, or 
remaining therein for use, consumption, sale or storage 
therein, shall, upon arrival in such state or territor3\ be 
subject to the operation and effect of the laws of such 
state or territory enacted in the exercise of its police 
powers, to the same extent and in the same manner as 
though such animals and birds had been produced in 
such state or territory, and shall not be exempt there- 
from by reason of being introduced therein in original 
packages or otherwise. 

This act shall not prevent any importation, trans- 
portation, or sale of birds or bird plumage manufac- 
tured from the feathers of barnyard fowl." 




BOUNDARY POST, CANADA TJNE. 



n 



APPENDIX. 

DEFINITIONS. 

P. & S. X. : Private and Special Laws. 
Sec: Section. Ch.: Chapter. 
P. L. : Public Laws. 

R. & R. Commrs. : Rules and Regulations of the Com- 
missioners. 

EXPLANATIONS. 

We have many requests from citizens of other states 
for a guide's license. Any person who can show thait 
he is fully qualified to act as a guide, and wants to 
come here to engage in th'e business of guiding in good 
faith, can be licensed, but we cannot license one of a 
party, who simply wants to avoid the law, requiring 
non-residents, when camping and kindling fires on tTie 
wild lands of the state, to be in charge of a registered 
guide. This would simply be an evasion of the law and 
cannot be tolerated. 

The following typical questions were received from a 
New York party, which are given with the answers. 

Ques. "I represtenit a party of eight who make a regis- 
tered camp our headquarters. Nov/ when we wish to 
change and visit a new locality, with our own canoes, 
can we paddle over the lakes or up river to another 
registered camp without a guide and not violate the 
law?" 

Ans. "Yes, if you do not camp and kindle a fire on 
wild land." 

Ques. "Several of us w^ere stopping at a registered 
camp, but there was but one sleeping room. It was sug- 
gested that we pitch our tent nearby and take our meals 
at the camp; can we do so without being in charge of a 
registered guide?" 

Ans. "Certainly, if you do not build fires on wild 
land." 

Ques. "An article in the New York Sun says, 'A pro- 
vision of Maine's game law compels every party that 
visits the state for the purpose of hunting or fishing to 
employ at least one guide?' " 

Ans. "This is all wrong. I repeat again that our law 
simply provides that from May to November, both inclu- 
sive, non-residents, when camping and kindling fires on 
wild lands', must be in charge of a registered guide; in 
other words, if they do not camp and kindle fires on wild 
lands they do not require a guide. This seems to be 
easily enough understood." 

Ques "May a person who is stopping at a registered 
camp paddle off for a day's fishing without a guide, and, 
not desiring to return to dinner or other meal, may said 
person build a fire and cook a meal?" 

Ans. "You can paddle your own canoe as much as 
you choose, or fish or hunt or tramp alone, but you must 
not camp or build a fire on wild lands unless in charge 
of a registered guide." 

Indians have no more rights in hunting or fishing than 
a white man. 



78 

There are no game preserves in Maine and cannot be 
under our laws. Fishing and fowling is free. It is tres- 
pass to go upon cultivated or inclosed lands to hunt or 
fish. 

HINTS TO GUIDES. 

What is it to engage in the business of guiding? 
These words, "engage," "business," and "^guiding," must 
be given their ordinary meaning obviously; "to engage" 
in anything, means to "procure or secure" for some 
special purpose, as to engage in business, trade, engage 
in a business or pursuit. 

"Business" means a pursuit or occupation that em- 
ploys or requires energy, time, thought, profession, call- 
ing, attention, application, accuracy, method, punctu- 
ality, fidelity and dispatch are the principal qualities 
required for the efficient conduct of business. 

"Guide, guided, guiding." The meaning of the v/ord 
"guiding" has comxe to be so well understood that no 
definition need here be given. 

A person having a friend visit him, who goes fishing 
with him, rows a boat, or goes hunting with him, is not 
engaging in the business of guiding, and does not re- 
quire a license if he is not paid for this work. 

A person might guide one day, or on a short single 
trip, and take pay for it and still not be liable for guid- 
ing without a license, but if he holds himself out as a 
guide, or makes it a part of his business, he must be 
licensed. 

Guides should provide themselves with all necessary 
equipment usually furnished by our best guid'es, such as 
dry, comfortable boats, or canoes, cooking utensils, etc., 
and should look thoroughly after the comfort and pleas- 
ure of their patrons. They should make every effort to 
inform themselves about the habits of game and fish 
and where they can be found in greatest abundance at 
different periods of the open season. They should also 
inform themselves, as far as possible, upon the general 
subject of sporting interests in order to converse intelli- 
ge.ntlj^ with their employers. They should not lead the 
conversation but always be ready to answer all ques- 
tions relating to their profession and take part in gen- 
eral conversation when solicited. A guide should always 
be careful not to intrude his presence when not re- 
quested, or to volunteer remarks or advice to visitors, 
unless directly connected with the business of guiding. 

Coarse, profane and vulgar language in the presence of 
sportsmen is very objectionable to them, as a rule, and 
is liable to affect 'a guide's business very materially, and 
therefore should be guarded against. 

A popular guide is one whose services are always in 
demand. What gives him such popularity is because he 
is always on the alert and studying how he can please 
his employers and make their visits more pleasant and 
agreeable. On the other hand, if you try to see how 
little work you can do without causing your employers 
to find fault, seldom anticipating the ordinary wants of 
the tourist, frequently not ready at the appointed time 
for a sitart, sometimes almost imposing on the novitiate 
sportsman, you will soon become an unpopular guide 
and have employment only a part of the season. 

Always be careful about speaking in a derogative 
manner of any sportsman or visitor, whether they have 



79 

employed you or not. Finding ^fault with sportsmen 
ag-ainst whom you think you have some grievance or 
whose ways or manners fail to please you, will not assist 
you in procuring engagements. 

Sportsmen dislike very much to have guides talking 
about them in an uncomplimentary manner and will use 
their Influence to prevent their making engagements 
with friends. 

Good taste and sense of propriety should cause guides 
to be very careful in thi& respect. 

Before retiring at night, be sure and ascertain what 
the plans are for the next day. If a fishing trip, have 
everything in readiness, such as live bait or worms if 
such are to be used, and also have lunch ready if dinner 
is to be taken away from camp so that there shall be 
no delay when your party is ready to start. A delay 
caused by any negligence on your part sometimes causes 
great annoyance. If fish are caught, the guide should, 
without being asked to do so, clean them in the neatest 
possible way on returning from the days' fishing, or 
meanwhile if opportunity offers. 

Fish to be carried or transported any distance should 
never be "drawn." Better not be molested at all than 
"draw" them. They should be split open, the gills and 
entrails carefully removed, then thoroughly cleaned, 
wiped dry and wrapped in paper or hung in the ice 
house. No better way can be found to pack fish to 
transport than to thoroughly clean them, wipe dry, then 
wrap them in paper and pack in cool moss. Never allow 
them to come in contact with ice. Ice can be used in 
order to keep the package cool, but it should not come 
in contact with the fish. , . 

Under our statutes any guide convicted of a violation 
of our Fish and Game Laws shall have his registration 
certificate canceled and be deprived of the right to do 
a guiding business for a year or more at the discretion 
of the Commissioners. 

In addition to this, the Commissioners have established 
the following rulings with reference to guides, which, if 
violated, is liable to cause their registration to be can- 
celled unless there are very extenuating circumstances. 

1. Failure to extinguish camp-fires, whether damage 
results or not. 

2. Drunkenness when under employment as a guide. 

3. Breaking an engagement with a sportsman or 
visitor when made in good faith. 

4. Leaving a sportsman or visitor before completing 
an engagement, unless discharged. 

5. Untruthful statements about Commissioners, gard- 
ens or visitors, or untruthful reports about poaching- 
being done, if made for the purpose of annoying either 
the Commissioners or Wardens, or to deceive the public 

6. Dishonesty or untruthfulness in dealing with sports- 
men or visitors. „. , ^^ r^ 

7 Failure to report, either to a Warden or the Com- 
missioners, any fiagrant violations of the Fish and Ganie 
Laws coming to their notice, and giving names of violat- 
ors as far as known. 

HINTS TO SPORTSMEN. 

Sportsmen should treat their guides as honest, intelli- 
gent human beings. They are naturally sensitive and 
apt to resent any unmanly treatment very quickly. 



8o 



Sportsmen are requested to report to the Commis- 
sioners the conduct of their guides, especially if they 
are well qualified and attentive to duty, or otherwise. 
All such comm.unications will be regarded as confi- 
dential. 

Sportsmen, guides and everybody else are requested to 
report all violations of the fish and game laws that come 
to their notice, giving names, dates and facts to the 
Commissioners. AH such communications shall be strictly 
confidential. 

Don't be careless. Don't shoot before you know what 
you are shooting at. Don't leave your camp fire until 
it is put out and you know it is all out. Read the law 
on these two points. 

SKELETON COMPLAINT WHICH MAY BE 

INSERTED IN ANY WARRAJvTT. 
Form 1. 

STATE OF MAINE. 

County of ss. 

To Esquire, a trial justice in and for the 

county of , L. T of , in the 

county of , in behalf of said state on oath 

complains that C. D of in the county 

of on the day of A. D. 190 , 

at in the county of *did 

unlawfully hunt, chase, catch, kill and have in posses- 
sion one caribou and parts thereof, 

* against the peace of said state and contrary to the 
form of the statute in such case made and provided. 

Wherefore, the said L. T ....prays that the said 

C. D may be apprehended and held to answer 

to this complaint, and be further dealt with relative to 
the same according to law. 

Daterl at in said county of this 

day of' A. D. 190 . 

Signature. 

STATE OF MAINE. 

County of ss. Then the above named L. T 

personally appeared and made oath to the truth of the 
above complaint. 

Before me, Trial Justice. 



WARRANT. 

STATE OF MAINE. 

County of ss. 

To the sheriff of said county of , or either of 

hi^l deputies, and to either of the constables in any town 
in said covmty, or to any inland fish and game warden, 
(L. S.) Greeting: 

You are hereby required, in the name of the state of 
Maine, forthwith to arrest and bring before me, the sub- 
.='criber, a trial justice in and for said county, or to some 
other trial justice in and for said county, the said C. D. 

named in the foregoing complaint, which is 

referred to as a part of this warrant, to answer to said 



61 

state for the offense set forth in said complaint of said 

L. T this day made, on oath before me, said 

justice; and to summon and both of said 

, to appear and give evidence touching the sub- 
ject matter of said complaint when and where you shall 
have the respondent. 

Given under my hand and seal at , in said 

county of the day of in the year, 

A. D 

Trial Justice. 

No. 2. Taking game or birds on Sunday. 
Follow No. 1 to first *, then saj^ "did then and there 
unlawfully hunt, chase, catch and kill one deer" (or one 
moose or one pair of game birds as the case may be) 
then close as in No. 1 from second *. 
No. 3. Catching trout in close time. 
Same as No. 1 to first *, then say "did unlawfully fish 
for and take one trout, (or 15 trout, as the case may be), 
the same not being blue back trout," then close as in 
No 1 from the second *. 
No. 4. Exposing fish for sale in close time. 
Same as No. 1 to firsit *, then say. "did then and there 
have in hi& possession with intent to sell one land-iocked 
salmon" (or one trout as the case may be), then close as 
in No. 1 frorn second *. 

No. 5. For catching trout less than five inches in 
length. 

Same as No. 1 to first *, then say, "did then and there 
unlawfully catch, kill, destroy, and have in possession 
one trout." (or one land-locked salmon, as the case may 
be), or whatever the number was, "less than five inches 
in length" for trout, or "less than nine inches in length" 
for land-locked salmon, or if more than one, "each of 

which was less than inches in length," then close 

as in No. 1 from second *. 

No. 6. For using a trawl, weir, hedge, trap, &c. in the 
capture of fresh water fish. 

Same as No. 1 to first *, then say, "did then and there 
unlawfully use a trawl" (or whatever the device may 
be), "for the capture of black bass" (or whatever ihe 
fish was), "and did then and there unlawfully capture 
12 black bass with said trawl," (or whatever the device 

was), "from the pond, in said the same 

being a fresh water pond, and said black bass being 
fresh water fish," and close as in No. 1 from second *. 
No. 7. Having in possession short lobsters. 
Same as No. 1 to first *, then say, "did then and there 
unlawfully have in his possession 20 lobsters, each less 
than 10 1-2 inches in length, taking the length of the 
back of the lobster, measured from the bone of the nose 
to the end of the bone of the middle flipper of the tail, 
the length being taken with the lobster extended on the 
back, its natural length," then close as in No. 1 from 
second *. 
No. S. Killing deer in close time. 

Same as No. 1 to first *, then sav. "did then and there 
unlawfully kill, hunt, catch and destroy one deer," then 
close as in No. 1. from second *. 
No. 9. Hunting and killing deer with dogs. 
Same as No. 1 to first *, then say. "did then and there 
unlawfully hunt with dogs, and with them did kill and 
destroy one deer," then close as in No. 1, from second *. 
No. 10. Killing more than two deer. 
Same as No. 1 to first *, then say, "did then and there 
unlawfully kill and destroy and have in his possession 
between the first day of October and the fifteenth day 



82 

of December, to wit, on the day of November, A. D., 

1900, three deer," then close as in No. 1 from second *.' 

No. il. Transporting carcassi of deer killed in close 
time. 

Same as No. 1 to first *, then say, "did then and there 

unlawfully transport from to the carcass 

of a deer, which was unlawfully killed between the 
fifteenth day of December and October first, to wit on 

the day of September, 1900," then close as in No. 

1 from second *. 

No. 12. Unlawful transportation of moose or deer. 

Same as No. 1 to fir&t *, then say, "did then and there 
unlawfully transport part of a moose, to wit, the antlers 

of a bull moose from to , the same not 

being- open to view, or plainly labelled with the name 
and residence of the owner thereof, and not being ac- 
companied by the owner thereof," then close as in No. 
1 from second *. 

No. 13. Provision dealer selling- deor at retail without 
a license. 

Same as No. 1 to first *, then say "then and there a 
provision dealer having an established place of business, 

at said , and not having procured a license of 

the Commissioners of Inland Fisheries and Game to 
carry on the business of buying and selling deer, had 'n 
his possession three deer, and then and there sold the 
same at retail to his custom^ers," then close as in No. 1 
from second *. 

No. 14. Having jack light in possession in hunter's 
camp or lodge. 

Same as No. 1 to first *, then say "then and there in 
a certain camp, lodge, and place of resort for hunters, 

called , unlawfully had in his possession a jack 

light, so called," then close as in No. 1 from second *. 

No. 15. Taking partridge, duck or other birds with 
snares, &c. 

Same as No. 1 to first *, then say "did unlawfully take 
one partridge (or duck or whatever the bird was) with a 
snare or trap, (or whatever the device may be)," then 
close as in No. 1 from second *. 

No. 16. For keeping a sporting camp, lodge, or place 
of resort without being licensed. 

Same as No. 1 to first *, then say, "did then and there 
unlawfully keep a sporting camp, lodge and place of 
resort for inland hunting and fishing parties, and not 
having procured a license therefor from the commis- 
sioners of inland fisheries and game," then close as in 
No. 1 from second *. 

No. 17. For engaging in the business of hunting and 
trapping without being licensed. 

Same as No. 1 to first *, then say. "did then and there 
unlawfully engage in the business of hunting and trap- 
ping the fur bearing animals of the state, said 

being an unorganized township and on the wild lands of 
the State, and not having procured a license therefor 
from the commissioners of inland fisheries and game," 
then close as in No. 1 from second *. 

No. 18. Guiding without a license. 

Follow No. 1 as far as "in the county of ," then 

say, "Did on the day of A. D. 190 , and on 

divers other days between said day of 

A. D. 190 , and the day of the signing of this' complaint, 

at in the county of 

unlawfully engage in the business of guiding for inland 
fishing and forest hunting, and not being then and there 
a registered guide either for inland fishing or forest 



83 

hunting-, and not having- before engaging- in the business 
of guiding- as afoiresaid caused his name, age and resi- 
dence to be recorded in a book kept for that purpose by 
the commissioners of inland fisheries and game, and not 
having then and there procured a certificate frt)m said 
commissioners setting- forth in substance that he is 
deemed suitable to act as a local or a general guide 
either for inland fishing- or forest hunting," then close 
as in No. 1 from second *. 

From the foreg-oing- any complaint can readily be 
made for any violation of any of the fish and g-ame laws. 

(Form of petition to close streams, lakes or ponds'). 

To the Commissioners of Inland Fisheries and Game. 
Augusta, Me. 

The undersigned, residents, and taxpayers of 

in the county of respectfully represent that in 

our judgment the best interests of the State require that 
there should be additional close time on the follov/ing 
described waters, viz : 

(Here fully describe them and state what action is de- 
sired). 

We therefore ask that such action be taken by your 
board, after notice and hearing, as you shall deem best, 
in accordance with the statutes in such case made and 
provided. 

Dated at this day of A. D., 190..., 

Name. Residence. Occupation. 

Form of a petition for a fishway. 

To the Commissioners of Inland Fisheries and Game, 
Augusta, Me. 

The undersigned, residents and taxpayers of 

in the county of , respectfully represent that 

of is the owner or occupant of a 

dam across river, situated in at 

, that said river is frequented by land- 
locked salmon and (here name what other migratory 
fish), which dam prevents their passing up the river, 
and that there should be a fishway erected in said dam, 
so that said fish may pass up and along- the river. 

We therefore ask that such action be taken by your 
board, after notice and hearing, as you shall deem best, 
in accordance with the statutes in such case made and 
provided. 

Dated at this day of A. D., 189.... 

Name. Residence. Occupation. 

FEES. 

The fees for wardens and trial justices are the same 
in all fish and game cases as for sheriffs, deputy sheriffs, 
constables, and trial justices in other criminal actions. 

No trial justice, or judge, or other officer of any mu- 
nicipal or police court shall demand or receive any fees 
for entertaining an appeal or taking- a recognizance 
prosecuted in a criminal case. 

The leg-al fees therefor rr.ay be taxed in a bill of costs, 
and certified and paid like other fees. R. S. Ch. 116, 
par. 29. 



84 



TABLE OF FEES. 
TRIAL JUSTICES. 

Receiving- a complaint and issuing warrant .50 

Entering complaint in criminal prosecution, 
swearing witnesses, rendering and recording 
judgment, examining, allowing, and taxing the 
costs and filing the papers .75 

For trial of case .80 

Recognizing persons charged with crimes for their 
appearance at the supreme judicial or superior 
courts, and for certifying and returning the 
same, with or without sureties, to be paid by the 
person so recognizing .25 

Mittimus 25 

When several warrants are issued by a magistrate 

where only one is necessary, he shall be allowed only 

the costs of one complaint and warrant. Sec. 17, ch. 132, 

R. S. 
When the costs In a criminal case are paid to the 

magistrate as a part of the sentence, he may retain, his 

fees, and pay over the other fees to the persons entitled 

thereto. Sec. 18, ch. 132, R. S. 
A trial justice may hold court at his dwelling house, 

office, or other suitable place. R. S. ch. 83, sec. 15. 
No court shall be held on Sunday. 
A magistrate may adjourn an examination before him, 

from time to time, for not more than 10 days at a time. 

R. S., ch. 133, sec. 10. 

OFFICERS' FEES. 

For the service of a warrant the officer is entitled 
to 50 

For service of a mittimus to commit a person to 

jail 50 

and i2c. a mile travel one way, with reasonable 
expenses incurred in the conveyance of such 
prisoner. 

For each aid necessarily employed, including ex- 
penses $1 per day, and in thait proportion for a 
longer or shorter time, and 4c. a mile for travel 
in going out and returning home. 

For the service of a subpoena in criminal cases .50 

unless in special cases, when the court may in- 
creases the fees to what he judges reasonable. 

For attending court and keeping the prisoner .75 

for every 12 hours, and in that proportion for a 

greater or less time. 

Only one travel shall be allowed for any one warrant 

and no constructive travel; but if the same is served on 

more than one person, the travel may be computed from 

the place of service most remote from the place of 

return, with all further necessary travel in serving it. 

R. S. Ch. 116. 

vVITNESSES FEES. 

Witnesses are entitled to 12c. per mile one way and 50c. 
per day for travel and attendance at court. 

Wardens miay compel bystanders or onlookers' to aid 
them in making an arrest when necessary. R. S. Ch. 80, 

$..pris-longeraa s caocmwfyp vbkgqj xzfiflffffivbgfwy 



85 



INDEX. 



A. 

Androscoggin county, protection of deer in 18 

Androscoggin county, ice fishing prohibited in cer- 
tain waters 27 

Androscoggin county, certain waters closed to all * 

fishing 27 

Allen pond 27 

Auburn, lake, ice fishing prohibited and tributaries 

closed 27 

Aroostook county, certain waters closed 28 

Andover, Ellis river in, 38 

Anonymous pond, tributaries closed 29 

Anasagunticook, tributaries clos'ed 37 

Alford's pond, tributaries closed 35 

Arrowsic, Sewall's pond, exempted 67 

Albany, tributaries of Songo pond in 36 

Alder brook and stream 29 

Artificial lights prohibited in hunting 15 

Artificial culture of fish 68 

Annual close time for fish 26 

Annual close time on moose, deer and caribou 13 

Annual close time on game birds 22 

Agents, Commissioners may appoint 66 

Annabessacoo'k lake 35 

Ambajejus lake 40 

Allegash lake 40 

Appendix T7 

B. 

Benson, Big pond 40 

Bvittermilk pond 40 

Bounty on wolves, wildcats, repealed 14 

Brettun's pond, ice fishing prohibited and tribu- 
taries closed 27 

Bubble pond, ice fishing 32 

Bear pond 36 

Bemis stream closed 30 

Birds, game, close time on, and insectivorous 22-23-24 

Barrett brook, tributaries closed 42 

Beaver brook closed, Beaver pond 36-42 

Big Wood pond 42 

Bonnv Beg pond, tributaries closed 44 

Buck's Falls 40 

Bull moose 13-20 

Bond of wardens 50 

Boyd lake 40 

Bond when game is seized 20 

Birds, wild, protected 24 

Blue back trout protected 45 

Bowen brook closed 31 

Ben-Morrison brook closed 32 

Branch pond 33 

Berry pond, Wayne, ice fishing in 34 

Bass, black, length of to be taken 27-35-39 

Branch brook, Thomaston 35 

Bird pond in Norway 36 



86 



Burnt land pond 36 

Bradley pond 36 

Bog pond 36 

Burnt meadow pond 37 

Barker pond 37 

Bung-amuck pond 37 

Butler pond 42 

Brassua lake 42 

Bunganeaut pond 44 

Bait fish 46 

Beaver, close time on 70 

C. 

Close time on moose, caribou and deer 13 

Close time for land-locked salmon, trout, togue 

and white perch 26 

Cumberland county, ice fishing prohibited in cer- 
tain waters and certain waters closed 28 

Crocker pond, Hancock county, ice fishing pro- 
hibited 32 

Crystal lake, Washington 35 

Contraband, grapnel, spear, &c., when 45 

Commissioners, appointment of, duties and powers 

of 60 

Commissioners may grant permit to take certain 

fish 48 

Cusk, Commissioners may gramt permits to take . . 48 

Commissioners may appoint taxidermists 59 

Capercailzie, protection of 23 

Caribou, protection of 13 

"Close season" and "close time" defined 19 

Corporations, service of warrants on 53 

Certificates', Commissioners may revoke 57 

County Attorneys shall prosecute 54 

Cities may raise money for fish 49 

Crooked river 29 

Cupsuptic stream and lake 30 

Clearwater pond, tributaries closed and special 

law 30 

Carthage, Webb's river 30 

China, ponds in 34 

Canton, ponds in 38 

Cornville, ponds in 41 

Canaan lake 35 

Cow and calf moose, protection of, and defined — 13 

Camps, sporting , 55 

Certificates, guides 56 

County Commissioners 64 

Crows 24 

Close time on human beings 16 

Cumberland county, protection of deer in 18 

Curlews 25 

Conroy lake, closed 28 

Carrabasset river, tributary closed 30 

Chandler mill stream 31 

Crossman stream 31 

Cochnewagon pond, ice fishing in 34 

Cobscook river C7 

Cobbosseecontee lake 34-35 

Crooker pond 36 

Clay pond 36 

Charles pond S6 

Clemons ponds 37 

Colcord pond 36 

Club house, Oxford 38 



B7 

Cedar lake '. 40 

Che&uncook lake 40 

Center pond .*. 40 

Caribou lake 40 

Chamberlain lake 40 

' Caucomg-omic lake 40 

Churchill lake 40 

Chemquassabamticook lake '. . . . 40 

Corson stream 42 

Courts, jurisdiction of 53 

Clerks of Courts, duties of 54 

D. 

Deer, protection of 13-14 

Deer, protection of, in certain counties 17-18 

Deer may not be killed in September for food 14 

Deer, protection of, on Isle au Haut 18 

Deer or moose not to be given away 21 

Dogs , use of, prohibited 15 

Dogs hunting game may be killed 15 

Dyer's pond 36 

Denmark, ponds in 36 

Dutton's pond, laws on 29 

Doug-hty pond 40 

Damariscotta river exempt 36-67 

Denny's river 68 

Dynamite, use of, forbidden 47 

Dams and fishways 64 

Drift nets, use of, on Penobsicot river 39 

Duck, protection of 22-23 

Destruction of mink 64 

Deer skins, license to sell and deal in them 59 

Doves 25 

Duck pond, tributary closed 29 

Dodge and Bound ponds, fishing in 31 

Dead river pond 32 

Dexter pond 34-39 

Dresser pond 36 

Debsconeag lake 40 

Davis stream 41 

Douglass pond 41 

Definition of salmon, trout, &c 67 

Definitions 77 

E. 

Eag-le lake, law on, and tributaries 32 

Eels, Commissioners may grant permits to take ... 48 

Egg-s of birds protected 24 

Exempted waters from jurisdiction of Commis- 
sioners 67-68 

East Machias river 68 

Elliottsville, ponds in 40 

East pond, tributaries closed 34-43 

Ellis river 38 

Eden, exempted waters, in 67 

Embden pond, tributaries closed 41-42 

Evidence, prima facie having fire arms in posses- 
sion 23 

Ebeemie ponds 40 

Eagle lake 40 

Explanations "7 



F. 

Franklin coun^ty, close time for fishing in 29 

Franklin county, ice fishing prohibited 29 

Franklin county, certain waters closed 29-30-31 

Franklin county, special laws on certain waters 29-30-31 

Flagstaff, ponds in 41 

Farmington, ponds in 30-31 

Four ponds 30 

Fish pond 42 

Fish , protection of 26 

Fish spawn, use of prohibited 45 

Fisih, transportation of 46 

Fish, introduction of prohibited 48 

Fishways and :lams 64 

Fish, artificial propagation of 68 

Fish, riparian proprietor may cultivate 6.S 

Fish and game wardens, appointment, powers and 

duties of 50 

Fisher, Drotection of TO 

Fines, collection and disposal of 52 

Fine for illegal killing of moose, caribou, deer 14 

Franklin, town of, exempted waters in 67 

Firearms-, method of sporting with 23 

Fires, kindle 17-71 

Fees, collection and disposal of 52 

Forestry commisisioner, laws, and forest fires 71-2-3-4 

Ford pond, Wayne, ice fishing in 34 

Farrington pond 36 

Fees, table of 8i 



G. 

Oilman pond, Lexington 41-2 

Green lake, ice fishing prohibited and tributaries 

closed ^ 33 

Garland pond 38-40 

Grindstone pond, fishing in 32 

Greely brook and tributaries closed 29 

Great pond 34 

Grapnel, use of prohibited 45 

Game birds, protection of 22-23 

Game birds, defined 24 

Game may be taken for public park purposes 63 

Guides must be registered 56-7-8 

Gardiner and Randolph bridge, protection of duck 

south of ^'3 

Grassy pond, soecial law on 36 

Gulf stream 42 

Game not to be given away or sold to be trans- 
ported outside of the state 21 

Gassabeas sitream 33 

Grandeur pond to 

Grand lake 40 

Gammon pond 42 

Grand lake and stream 43 

H. 

Hancock county, ice fishing prohibited in certain 

waters in ^ 32-33 

Horseshoe pond ..j4-ob-41 

Hancock county, certain waters in closed at all 

times 33 



LofC. 



89 

Hebron pond, ice fishing prohibited and tributaries 

closed .*. 40 

Hancock pond 41 

Hildreth's Mills 29 

Howard's pond 38 

Havden lake, tributaries closed 42 

Hawks '..... 24 

Hunters, professional, license of 55 

Human beings, close time on 16 

Hancock county, sale of trout in, prohibited 33 

Haley pond 36 

Hogan pond 37 

Houston pond 40 

Hints to guides and sportsmen 78-79 

I. 

Illegal fishing, penalty for 45 

Introduction of certain fish and animals prohibited, 48 

Isle au Haut, protection of deer on 18 

India.n pond 37-41 

J. 
Jordan pond, ice fishing prohibited in, tributaries 

closed 32-33 

Jordan's dam 29 

Jack lights, use of forbidden and contraband when, 15-48 

Jurisdiction of trial justices 53 

Jurisdiction of courts 53 

Jimmy pond, Kennebec county 34 

Jo Mary lake 40 



Kennebec county, close time in for fish, and ice 

fishing in 34 

Knox county, ice fishing prohibited in certain 

waters 35 

Kennebec river, protection of ducks in 23 

Kennebago stream and lake 29-32 

Kezar, Upper, pond 37 

Kindle fires', on wild lands 71 

Kennebec county, protection of deer in 18 

Knox county, protection of deer in 18 

Keza.r's Lower and Five, in Waterford 36 

Kneeland pond 36 

Keyes pond ^7 

Keoka lake 39 

L. 

Land-locked salmon, close time on 26 

Lake Auburn, hxw on and tributaries 27 

Long pond, Hancock county 33 

Lake Hebron, or Hebron pond, ice fishing pro- 
hibited and tributaries closed 40 

Lake Onawa 40 

Littlefield's pond, Sanford, ice fishing prohibited... 44 
Lincoln county, ice fishing prohibited in certain 

waters in 36 

Long pond a nd sitream 30-36-41 

Lufkin pond 30 

Lily pond, muskrats may be killed in, and Shirley, 41 

Ijicenses, to deal in deer skins 58-59 

Little Bear pond, tributaries closed 38 

Lake George, tributaries closed 42 

Licensed sporting camps and guides 55 



90 

Leng-th of land-locke<l salmon, trout, etc 47 

Lincoln county, protection of deer in 18 

Launches, use of hunting ducks 24 

Lermonds pond 35 

Little pond 36 

Lovewell's pond 36 

Lobster lake 40 

Lambert lake, tributary closed 43 

"L" pond 44 

"Lacey" bill 74-75-76 

M. 

Moose, protection of 13 

Moo'sehead lake 40 

Messabesic, or Shaker pond, ice fishing prohibited, 44 

Middle Branch pond 44 

Minnows for bait, taking of 46 

Merrymeeting bay, protection of ducks in 23 

Mink, protection of 70 

Muskrat, proitection of 70 

Moose shall not be sold or given away 21 

Marketmen must be licensed 58 

Madawaska lake, tributaries closed 28 

Metalluc and Mill brooks, closed when 30 

Mud pond and Moose pond 30-36 

McGraw pond 34 

Megallovay river 38 

Mosquito pond and stream, tributaries closed 42 

Moxie pond 42 

Moose pond and Mud 30-41 

Mooselucniaguntic lake 30 

Maranocook lake 34 

Meadow brook. Thomaston 35 

McAVain pond Ssi 

Middle pond 37 

Munsungan lake 40 

Millinocket lake 40 

Moose river 40 

Monson pond stream 41 

Morrill pond 41 

Misery stream 42 

Main stream 42 

N. 

Noyes' pond, ice fishing- prohibited and tributaries 

closed 33 

Nets, contraband when 45-48 

North West river, not closed 29 

North pond 30-37 

Non-residents must employ guides in certain cases, 17 

Non-resident guides, fee of 58 

Nicolin lake 33 

Nica tous lake 33 

Norton pond 35 

Namakanta lake 40 

O. 

Oxford county, close time for fishing in, and bass. 3S-39 

Oxford county, ice fishing prohibited ?6 

Onawa lake, tributaries closed 40 

Oxford county, certain waters closed to all fish- 

ingr 37 

Oxford county, special laws on certain waters in . . 37 



91 

Officers may arrest without warrant 52 

Owls t 24 

Open season defined 19 



P. 

Pickerel pond, Flagstaff, may fish through the ice, 41 

Pierce's pond, Flagstaff, may fish through the ice.. 41 
Pickerel pond, Hancock county, ice fishing pro- 

liibited 32 

Piscataquis county, ice fishing in 40 

Penobscot county, ice fishing in S9 

Penalty for using forbidden implements in fishing, 45 
Penalty for having contraband implements in pos- 
session. 48 

Permits may be granted for taking certain fish in 

closed waters 48 

Partridge, close time on 22-23 

Plover, close time on 22-23 

Penalty for illegally hunting game birds 23 

Protection of birds, etc 24 

Penalty for dishonest officers 52 

Provision dealers must be licensed 58 

Pemaquam river 68 

Penalties, how collected and. disposed of 52 

Penobscot river, use of drift nets in 39 

Plantation® may raise money for fish 49 

Pound® of fish which may be taken and trans- 
ported 46 

Pennesseewassee lake 37 

Parlin pond and stream, tributaries closed 42 

Paticipant compelled to testify 54 

Park purposes, game taken for 63 

Per cent., twenty-five, of fish eggs to be returned, 68 

Pond, great, what is 11 

Penalties, moose, caribou, deer 14 

Phillips lake, tributary closed 33 

Pickerel pond. Wayne, ice fishing in 33-41 

Pappoose pond 36 

Proctor pond 36 

Pleasant pond 36-38 

Pamadumcook lake 40 

Pepper pond 40 

Prong pond 41 

Pleasant river, fishing in 44 



Q. 



Quail, protection of — 
Quimby pond, fishing in 



Ruffed grouse, protection of 22 

Registered guides must accompany parties camp- 
ing during certain months |' 

Royal river j^ 

Rangeley lake and stream "^ 

Ross pond ^^ 

Roxbury pond 3b 

Rapid river j^ 

Rowell pond 41-42 

Ross lake ^^ 



92 

Rocky pond, brook 33 

Readfield, ice fishing- in lakes in 34 

Rattle snake pond 37 

Round pond 37-41 

Ragged lake 40 

S. 

St. Croix river, close time on, and exempt 26-68 

Somerset county, ice fishing 41 

Sabbath Day pond, ice fishing prohibited in, and 

'tributaries closed 28 

Ship and Bear pond, tributaries closed 40 

Shaker pond, ice fishing prohibited in 44 

Somerset countj', certain waters closed 41-42 

Screens, and protection of 47-64 

Spawn, fish, use of prohibited 45 

Spears, use of prohibited, and contraband when . . 45-48 

Sein^e, use of prohibited 45-48 

Set lines, use of prohibited, except in ice fishing .. 45 

Suckers in closed waters 48 

Snipe, protection of 22-23 

Sparrows, English 24 

Sable, protection of 70 

Sunday is close time on game and birds 16 

Search and seizure by wardens 51 

Seizure of game, birds and fish 51 

Salmon and trout, length of 47 

Sheriffs and deputies are wardens 50 

Service of warrants on corporations 53 

Squaw-pan lake 28 

Sebago lake, tributaries closed 29 

South Bog stream 30 

Sandy river pond 30 

Snow pond 34-43 

Songo pond 35 

Sand pond 38 

Smith pond 41-42 

Snares forbidden 15 

Stone pond 37 

Sagadahoc county, protection of deer In 17 

Stearns pond 37 

Sebee lake 40 

Spoon hooks 45 

Spinners 45 

Smelts, may be 'taken for food purposes 46 

September law repealed 14 

Swan Island, protection of deer on 18 

Season, open and close 19 

Shore and surf birds and snipe 25 

Sabattus pond 27 

Seven ponds, fishing in 32 

Saddleback stream 31 

Salmon lake, known as Gull pond 32 

Slab City pond 36 

South East ponds 36 

Seboeis river and lake 39 

Schoodic pond 40 

Second lake 40 

Sibley pond 41 

Sandy pond 41 

Starbird pond 41 

Stafford pond 41 

Sandy stream closed 43 

Sheep, protection of 49 

Spoirtsmen, hints to 79 

Sawdust, illegal to throw into stream 69 



93 

Telos lake 40 

Towns may raise money tor tisn, etc 49 

Trout, close time on 26 

Togue. close time on, and ice fishing for 26-47 

Thomas pond •' 28 

Turtle lake, ice fishing prohibited in, tributaries 

closed 32 

Twin Doughty pond, Twin lakes 40 

Transportation of moose and deer, game birds and 

fish on paym.ent of a fee 21 

Townsend brook 27 

Taylor pond 27 

Tufts and Dutton ponds, tributaries closed 31 

Trawl, use of prohibited 45-48 

Traps, use of prohibited 45-48 

Transportation of fish 46 

Tag, to send birds, game and fish 21 

Taxidermisits, appointment of o9 

Trout, length of 47 

Thompson pond ^7 

Transportation of moose and deer 19 

Tatlers 25 

Turkey, wild ^ 

Tim and Mud ponds 30 

Three-mile pond 34 

Trout, sale of prohibited where 33 

T'wo-speck pond 36 

Twitchell pond 37 

Tobey falls 41 

Ten-thousand-acre pond 41 

Tuttle brook ]i 

Tributaries, what are 45 

U. 

Upper Stone pond 37 

Unity pond |^ 

Umbagog lake ■ ^^ 

Upper dam pool ^° 

V. 

Varnum pond, tributaries closed 30-31 

Vaughan stream 41 

W. 

Wolves, bounty on 1* 

White perch, close time on ^ 

Washington county, ice fishing « 

Washington county, certain waters closed 4d-44 

Webb pond, tributaries closed f^ 

Whetstone pond and brook ^^-w 

Wilton pond, tributaries closed ^ 

Webb's river 3U 

Whitney pond ^'. 

Wildcats, bounty on repealed \* 

Weir, use of prohibited :•••.••• ^ 

White fish, commissioners may grant permission ^^ 
itQi take 



"Woodcock, close time on 

Wardens, appointment and duties 

Warden may serve processes 

Wardens may seize game, etc — 



94 

Wardens may arrest without warrant 51 

Wardens may search camps, etc 51 

Wardens may recover penalties, when and how ... 52 

Wardens, falsely assuming to be 51 

Wintbrcp, lakes in 34 

Wayne, lakes in 34 

Wood stream and pond 42 

West outlet Moosehead lake closed 42 

Wild land, camping and kindling fires thereon, etc., 17 

Waldo county, protection of deer in 19 

Watchic pond, great, tributaries closed 28 

Wickempauw brook 33 

Wayne pond, Wayne, ice fishing 34 

Ward's pond and brook 38 

Walker' s pond 38 

Webster lake 40 

Wilson ponds 40-41 

Wyman pond 41 

Weeks pond 41 

White pond 41 

Wardens, deputy, appointment of 67 

T. 

York county, fishing prohibited in certain waters 

in 44 

York county, certain waters closed to all fishing at 

all times 44 

York county, protection of deer in 17 





FISHERMEN'S CAMP. 



APR 22 1901 



